Issue of warrant in 138 NI Act

520 votes

Sir I have perused your query. Section 142 NI Act - The careful reading of the Ordinance clearly shows that, the cases relating to the offence u/s 138 Ni Act have to be tried under act within whose jurisdiction cheque is presented by the drawee.

For further information feel free to contact me. Thank you

Advocate Love Kumar Soni LawRato

582 votes

In case you have taken a loan from a bank branch in Delhi, a cheque may be drawn from another state as well depending upon the circumstances. However, if your account is non operative for over 4 years, be rest assured that the bank will take action in order to recover their money.
Regarding cost of anticipatory bail, it is dependent upon the quantum of offence and in this particular case, the value of the borrowed amount.
Further and better particulars are needed in order to enable the delivery of an effective opinion.

Advocate Tushar Kumar LawRato

690 votes

Query perused. So far as filing of cheque bounce case is concerned the complaint has to be filed where the drawee maintains the bank account. There is no need to seek anticipatory bail in a 138 case. Do let us know whether you have received the legal notice or summons for the case. For further consultancy and legal services you may contact us.

Advocate Anubhav Kathuria LawRato

943 votes

It depends on where the cheque is presented. After the amendment in the negotiable instrument act. The dishonour of cheque gives rise to the cause of action. Thus, if the cheque given by you is presented in bangalore then courts of bangalore will have jurisdiction.

Advocate Tejasv Anand LawRato

653 votes

They are entitled to present the cheque at any place in India, and if so, you will have to appear in the State where they have filed it. Even if it is in goa. The cost of anticipatory bail will be Rs. 13-15,000 only.

Advocate Anuj Nair LawRato

982 votes

In the cheque dishonour matter under section 138 of negotiable instruments act is filed in the local jurisdiction of the court where the check has been deposited by the receiver of the cheque. If The home branch of the receivers bank is situated in Bangalore, the case will be filed there.

Advocate Arpit Jain LawRato