Transfer of a 10 year old pending cheque bounce case from Coimbatore to Delhi

[Anonymous]

Sir a false case was levied against me with a blankcheque I had given for security. It ran from 2006 onwards till now in Coimbatore my home town. Now complainant has asked for case transfer to delhi per this new provision , court has returned the files to complainant and he has to now file with delhi court. What’s likelihood of delhi court accepting the transfer. Our lawyer saya it will take a long time and delhi court may not even accept transfer .

[Dr. Ashok Dhamija]

As per Section 142(2)(a) of the Negotiable Instruments Act (the amended provision), the offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction, 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.

This is the legal position. Your question does not clarify whether a Delhi court has jurisdiction in your case as per the above amended provision. If the Delhi court has jurisdiction as per the amended provision, then the Delhi court may accept the complaint and generally it should not take much time for the court to accept the case. But, you would be getting notice from the Delhi court as and when that court accept the case and sends you the notice.     

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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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