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What is the Jurisdiction in Cheque Bounce matter?
16-Sep-2023 (In Criminal Law)
In below situation, which jurisdiction will apply? Mr X holds a cheque and deposit it in HDFC Bank xyz location branch for clearance, however cheque gets dishonored. Mr X home branch is in abc location. Which jurisdiction will apply? abc location or xyz location (both location are in same city)
The jurisdiction will be at the location abc where home branch is located if the cheque is delivered through an account. If the cheque is delivered otherwise than through account then the place where the drawer maintains his account has jurisdiction.
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Adv. Prachi Johri
Delhi | 25+ Answers
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Dear sir
In the present situation the home branch will have the jurisdiction for filing the case
U/s 138 of negotiable instrument act for dishonour of cheque as per the latest guidelines issued by the Hon'ble Supreme court of India.
And you must have got issued the legal demand notice within 30 days from the date of receipt of knowledge of dishonour of cheque through your Advocate
And after the 15 days from the receipt of the legal notice if the other party will fail to pay your amount then you can file case within 30 days after the expiry of 15 days period.
In the present situation the home branch will have the jurisdiction for filing the case
U/s 138 of negotiable instrument act for dishonour of cheque as per the latest guidelines issued by the Hon'ble Supreme court of India.
And you must have got issued the legal demand notice within 30 days from the date of receipt of knowledge of dishonour of cheque through your Advocate
And after the 15 days from the receipt of the legal notice if the other party will fail to pay your amount then you can file case within 30 days after the expiry of 15 days period.
Helpful?
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Adv. Rajesh Kumar
Delhi | 25+ Answers
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hello client
i have read your question you are willing to get confirmed the jurisdiction issues regarding cases of 138 N I ACT where will the cased will get registered as per present law so in this matter as you have defined the jurisdiction will get arises at the home branch of the hdfc bank .thans
i have read your question you are willing to get confirmed the jurisdiction issues regarding cases of 138 N I ACT where will the cased will get registered as per present law so in this matter as you have defined the jurisdiction will get arises at the home branch of the hdfc bank .thans
Helpful?
10+
10+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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