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Cheque issued from Noida got bounced in Delhi where to file case?
10-Dec-2023 (In Cheque Bounce Law)
I got a cheque from person. The issuing bank is in Noida. My bank is from ITO form where the cheque bounced. I want to know where can i file the case?
Case will be lodged in Delhi as per new ni138 amendment ordinance earlier it was in noida due to sc judgement of dashrath Singh now new law replaces that judgement. Therefore your case will be lodged in Delhi.
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Adv. Nitish Banka
Delhi | 100+ Answers
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As per the recent amendment in cheque bouncing cases, the territorial jurisdiction would lie with the court where you presented the cheque. Therefore, it would lie in Delhi. Further classification of the district where the branch of your bank is located would decide the proper district court which would have the jurisdiction e.g. tis hazari or patiala house.
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Adv. Raghav Sabharwal
Delhi | 25+ Answers
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Dear
You can file your complaint in Delhi, as per the new law. Previously as per Dashrath Roop Singh judgement, the cases were supposed to be in filed in the jurisdiction of issuing bank. But now you can file the case in the court under whose jurisdiction the cheque has been bounced. Kindly contact personally for further assistance.
Thanks.
You can file your complaint in Delhi, as per the new law. Previously as per Dashrath Roop Singh judgement, the cases were supposed to be in filed in the jurisdiction of issuing bank. But now you can file the case in the court under whose jurisdiction the cheque has been bounced. Kindly contact personally for further assistance.
Thanks.
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Adv. Aditya Sharma
Delhi | 25+ Answers
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While this question has been doing the rounds in the legal field, the same has now been answered by the Negotiable Instruments (Amendment) Ordinance, 2015 with the inclusion of Section 142A according to which the jurisdiction would be the place where your bank is located. For example, if your bank is located in Mumbai but cheque was given in Delhi, the Courts in Mumbai would have the jurisdiction.
The Ordinance has been upheld by the Delhi High Court as well.
In your case, since your bank branch is located at ITO, the district court with jurisdiction would be Patiala House.
Regards
Shikhar Khare
The Ordinance has been upheld by the Delhi High Court as well.
In your case, since your bank branch is located at ITO, the district court with jurisdiction would be Patiala House.
Regards
Shikhar Khare
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Adv. Shikhar Khare
Delhi | 100+ Answers
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Learn what should be & what shouldn't be done in case of a bounced cheque with this complete guide for Indian Laws on cheque bounce.
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