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Jurisdiction of Court in cheque bounce case


02-Aug-2023 (In Banking / Finance Law)
I have given a loan of ₹ 30000/- online to someone 1 year back. When I transferred the amount I was in Pune, my bank branch at that time was Pune but now acct transferred to Gorakhpur. Presently I am in Tezpur Assam and the person to whom I gave loan is in Lucknow. He issued a cheque which bounced 15 days ago. Please advise where I shall file a case. Thanks
Answers (2)

Answer #1
817 votes
Hello,

The jurisdiction for case of 138 is being summarized as follow:

first, when the cheque is delivered for collection through an account, the complaint is to be filed before the Court where the branch of the bank is situated, where the payee or the holder in due course maintains his account and, secondly, when the cheque is presented for payment over the counter, the complaint is to be filed before the Court where the drawer maintains his account.

Regards

Answer #2
654 votes
You have five option to file case under negotiable instruments act viz place of transaction, place of account of cheque issued, place of dishonor of cheque place of Notice and finally place of residence of cheque bearer. Without any further delay kindly send him legal notice because once limitation for notice expired you have looks ur right under negotiable instruments act

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