CHEQUE BOUNCE

[adarsh js]

Sir
Thanking you for the reply. But the doubt in my mind is that, initially the cheque has been deposited in Delhi as i was holding the account there and the cheque got dishonored. Here I didn’t issued statutory notice.

Now i have been transferred from Delhi to Bangalore. Before presenting the cheque for the second time i want to transfer my savings account to Bangalore. In the cheque my account no is also mentioned.

So my question is after transfer of my account from Delhi to Bangalore, I again will present the cheque in Bangalore. In that case if the cheque again got bounce and after issuance of statutory notice where should i file a case (IN Bangalore or In Delhi).

[Dr. Ashok Dhamija]

Clause (a) of Section 142(2) is reproduced below, which should clear the doubt:

“(2) The offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction,—

(a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or”

So, the place where the branch of the bank where the payee maintains the account in which cheque is presented is the place where the case is registered. In your situation, it should be Bangalore, if your account is in Bangalore when you present the cheque in that account and it bounces.

     

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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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