cheque bounce jurisdiction

[Bhupendra Singh]

A business lady had issued me 2 cheques in 2013 against the money taken as loan in cash in 2010. my SBI a/c is in Canought circus N Delhi, but I live at Vasundhara Ghaziabad. later SBI branch has come over my place + intercity clearance facility. since then I have been operating my N Delhi account from vasundhara branch only. I had presented those cheques at SBI Vasundhara branch & same branch had given me bounced reports. I had filed the case under Sec 138 in Ghtaziabad court after exhausting all options. accuse never appeared before issue of sec 82/83. than suddenly after Supreme court ruling on jurisdiction at accused bank, she had transfered case to Noida but never appeared there too. after amendment in law I again brought it to GZB court in 2016. recently her advocate has applied for transfer to Canought place jurisdiction due to my account just to herasse me.
what I should do now? pls guide me.

bhupesing@hotmail.com

[Dr. Ashok Dhamija]

As per the amended provisions of the Negotiable Instruments Act, the territorial jurisdiction for a cheque bounce case is at the place where the branch of the bank is situated in which the payee maintains his account. Since you account is in Connaught Place, New Delhi (even though you may be operating it from Ghaziabad), the jurisdiction would be in the court where your Connaught Place bank branch is situated.

But, if your bank account itself has been transferred to the Ghaziabad branch of SBI, then of course, it is a different thing.

     

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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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