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Section 138 and 142(2) related query.
04-Aug-2023 (In Cheque Bounce Law)
My opponent is a nationwide distributor of Computers and this company filed a case against me (in Delhi) for a cheque (Rs.20 Lacs approx) STOPPED BY ME DUE TO A DISPUTE in March 2014. 1. The company (my opponents) had banked this cheque in Gurgaon. in March 2014 , 2. They filed a case in May 2014 in Delhi 2.The you know, this Jurisdiction issue (REF: DASHRATH RUPsINGH RATHOD CASE ) came up in 138 cases on August 1,2014 . MY ACCOUNT BEING IN my city in Punjab, THE HON'BLE DELHI COURT RETURNED THEIR CASE TO THEM AND INSTRUCTED THEM TO FiLE IT IN my city NOW AFTER the court returned the case to him on 11/09/2014 ,MY OPPONENT DOES NOT SEEM TO HAVE FILED A CASE AT ALL N Ludhiana(my city)FOR sixteen months and ten days APPROX.(upto 20th JAN 2016) EVEN AFTER THE PROMULGATION OF THE AMENDMENT in 142, IN jUNE 2015, HE DID NOT FILE A CASE UPTO 20TH JAN,2016 Then finally he filed a case in Jan 2016 ( after being probably dormant for 1 year and 7 months ) Can he do it so late?
Two points are to be checked:
2. has he filed the case on the basis of the same cheque? if yes, then the reason for so much delay is to be given.
3. has he filed the order of the Delhi court with the fresh case? If he hasnt then he is trying to mislead the court.
The promulgation of Amendment in 142 does not make the case better for him if he has no reason to proof his delay
Overall, he may file the case but it is easily rejectable by filing an interim application or taking a preliminary objection in the reply and asking the court to decide it first.
Hope the answer is helpful.
2. has he filed the case on the basis of the same cheque? if yes, then the reason for so much delay is to be given.
3. has he filed the order of the Delhi court with the fresh case? If he hasnt then he is trying to mislead the court.
The promulgation of Amendment in 142 does not make the case better for him if he has no reason to proof his delay
Overall, he may file the case but it is easily rejectable by filing an interim application or taking a preliminary objection in the reply and asking the court to decide it first.
Hope the answer is helpful.
Helpful?
19+
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Adv. Hargun Singh Bhatia
Chandigarh | 25+ Answers
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He cann't file a case u/s 138 after expiry of more than one year. In this case it looks that the case must have been transferred by the court itself and the summons are issued after expiry of one and half year due to delay in transfer. Please check and revert back after inspection of file. regards Adv Malhotra
Helpful?
25+
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Adv. Deepak Malhotra
Chandigarh | 100+ Answers
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First of all the limitation period has been over. And the second thing in thi regard is the cause of action will arise where the check got dishonoured. If the got dishonoured at Delhi then the Delhi court has the jurisdiction to try and decide he Complaint.
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Adv. Manish Sharma
Chandigarh | 25+ Answers
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