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Where to file Cheque Bounce Case in Cuttack or Bhubaneswar in Odisha.


24-Mar-2023 (In Cheque Bounce Law)
The cheque given to me is from HDFC Bank, Bhubaneswar. It was bounced in my bank in Cuttack. Bank send me a cheque bounce letter. Any Advocate / Lawyer advice me that where should I file the cheque bounce case in Cuttack or Bhubaneswar.
Answers (2)

Answer #1
871 votes
The Negotiable Instruments (Amendment) Act, 2015, mandates filing of dishonour of Cheque cases only in a court within whose local jurisdiction the bank branch of the payee situates.

In your case, your bank situates in Cuttack so you have to file a complaint case under Section 138 of Negotiable Instrument Act before the Jurisdictional Court.

The location of the payer's bank does not matter. The location of payee's bank is the subject matter of territorial jurisdiction.
Answer #2
669 votes
Hello,

You may file the case at the district court of Cuttack. Your bank account is within the jurisdiction of the district court of Cuttack. You have to send them a Demand Notice by a lawyer only within 30 days of the return memo being produced to you. Further, after expiry of 15 days from the receipt of the demand notice to the other party and within 30 days after the expiry of 15 days, you have to initiate a case before the District Court, Cuttack. Cheque bounce cases are criminal offence.

I have dealt with such cases, you may reach out to me for any further queries.

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