jurisdiction of cheque bounce ( Sec 138 NIA )
15-Mar-2023 (In Cheque Bounce Law)
Dear Sir ,
I have recently shifted to Chennai. Before than I was doing my own business in UP . I need to file a cheque bounce matter ( related to my earlier business in UP) as one of my vendor's cheque has bounced.
My company's bank account is still in UP . Also GST registration was done in UP .
Can I file 138 cheque bounce complaint in Chennai or do I need to file it in UP only ?
For 138 complaints how is the jurisdiction decided ? is it as per my bank branch or my company address or my permanent address ?
the jurisdiction for 138 cases are cheques issued places. so you have to file the case at up only not at Chennai. if the bank is at Chennai then you can file the same at Chennai. otherwise it will be at up only
The original jurisdiction as per the act was 5 places. But after several judgements from various high courts and Supreme courts, act was totally amended and jurisdiction was fixed as complainant bank address to be taken as filing jurisdiction. Since your have deposited the cheque in UP then you only have jurisdiction there. You can appoint a power of attorney for conducting the case there.
the jurisdiction is as per your bank, if it is within 3 months of duration of cheque, then you can present it again in any bank in chennai and then issue legal demand notice and file the case here for 138 NI Act. you may get in touch with me for further info.
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