Cheque bouncing – jurisdiction where residence or bank lies?

[Yuvraj Sarin]

I am residing in karkarduman court judridiction i receive 2cheque in month of april and subsequently the were bounce then i went to filing a case in kakarduman court the judge was on leave then there was court holidays after that they gave me date in october now judge said the case has to file in your banks juridiction my accoun is in nehru place so what shud i do now as cheques are more than 4 months old.

[Dr. Ashok Dhamija]

As per Section 142(2) of the Negotiable Instruments Act, after its latest amendment in the year 2015 (with effect from 15 June 2015), that court has the jurisdiction to inquire into and try a cheque dishonour case under Section 138 of the Act within whose local jurisdiction the branch of the bank where the payee maintains his account, is situated.

In your case, if your bank branch (where your account is maintained, in which you deposited the cheques) is situated in Nehru Place area of New Delhi, then you’ll have to file the case in the court in whose local jurisdiction Nehru Place lies. As far as I understand, it would come in the Saket Courts in Delhi (but, please confirm).

So, you may have to file the case(s) in the appropriate court which has the jurisdiction.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Yuvraj Sarin]

But sir now cheques are arleady more 4 months old. Does it matter, because no body guided and got delayed because of court holidays judge was on long leave, now what will be the appropriate action we can take. Please suggest

[Dr. Ashok Dhamija]

There is no other option before you. You can file an application for condonation of delay by giving all these reasons. Court has the power to condone delay under the Negotiable Instruments Act.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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