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How to decide jurisdiction of court in cheque bounce case
12-Mar-2023 (In Cheque Bounce Law)
A complaint has been filed in a court under the belief that it is the proper court having the jurisdiction. Now it turns out that the complainant presented the cheque for encashment in a bank other than the one where he is maintaining his account. An application has been filed for transfer to the jurisdictional court. If the magistrate does not order the transfer, then what are the options open
If the Magistrate does not transfer the case to the Court of jurisdiction, then you have to file a fresh complaint in the jurisdictional Court with a affidavit seeking to condone the delay with an application citing the real reasons, and be prepared to file a civil suit within the limitation time also.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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The magistrate will Order for transfer if there is no jurisdiction. If not you can withdraw the suit with a liberty to file a fresh suit based on jurisdictional issue. Are you the complainant? Jurisdictional Court is the police station limit of the Bank branch where cheque was presented and memo of dishonor recieved. Feel comfortable to contact me for further legal help.
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Adv. Geetha D Philip
Bangalore | 100+ Answers
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Hi,
Please come up along with papers and complaint copy, as far as transferring case is concerned its the discretion of the court. Please feel free to contact me. Meet at my office. Thanks for writing.
Please come up along with papers and complaint copy, as far as transferring case is concerned its the discretion of the court. Please feel free to contact me. Meet at my office. Thanks for writing.
Helpful?
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