The new law on territorial jurisdiction for cheque bounce matters

हिंदी में पढ़ें
June 20, 2019
By Advocate Chikirsha Mohanty



In case of a Dishonour of Cheque, one can send a legal notice and follow the legal procedure in order get the cheque honoured in the Court of appropriate jurisdiction. For this you will need the help of a cheque bounce lawyer.

The Gujarat High Court in its recent judgment of Brijendra Enterprise v. State of Gujarat and another has explained the law relating to territorial jurisdiction for filing a complaint for dishonor of cheques.   

As per the Negotiable Instruments (Amendment) Act, 2015 a complaint can be filed under Section 138 for dishonor of cheque at a court within whose local jurisdiction:-

In view of this recent amendment, a complaint for dishonor of cheque under Section 138 of Negotiable Instruments Act can be filed in the court situated at a place where the bank of the payee is situated.

For better understanding, consider the following examples-
 

  1. Mr. A holds an account in Navrangpura Branch, Ahmedabad of “XYZ” Bank, issues a cheque payable in favor of B. B, who holds an account with the M.S University Road Branch, Vadodara of the “PQR” bank, deposits the said cheque at Surat Branch of ‘PQR bank’ and the cheque is dishonored. The complaint will have to be filed before the court having jurisdiction where the M.S University road branch is situated.
     

  2. A holds an account with the Navrangpura branch, Ahmedabad, of "XYZ" Bank issues a cheque payable in favor of B. B presents the cheque at the Vadodara Branch of the ‘XYZ’ Bank ( but B does not hold an account in any branch of the "XYZ" bank) and the cheque is dishonored. The complaint will have to be filed before the court having jurisdiction over the Navrangpura branch, Ahmedabad, of "XYZ" Bank.
     

    Consult : Top Cheque Bounce Lawyers in India 


To summarise, when the cheque is delivered for collection through an account, the complaint is to be filed before the court  where the branch of the bank is located, where the payee or the holder in due course maintains his account and, when the cheque is presented for payment over the bank, the complaint is to be filed before the court where the drawer maintains his account.         

 



 

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June 20, 2019 The new law on territorial jurisdiction for cheque bounce matters https://lawrato.com/assets/images/lawguide.png
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can I file civil and criminal case both in cheque bounce?

Suraj on Jul 08, 2019
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thanks for the details. Very helpful for my cheque bounce case.

Kaushal on Jun 14, 2019
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Cheque given as security for loan? What to do?

Ranjit on Jun 08, 2019
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Easy to understand. All details covered regarding cheque bounce.

Suman on Jul 14, 2019
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I want to hire a cheque bounce advocate. Who to call?

Jyothi on Jun 09, 2019
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thanks for the information

Anu on Jun 24, 2019
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great advice. Thanks

Ankit on Jul 11, 2019
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Tells all the legalities about the subject. Good work.

Kaushik on Jun 25, 2019
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Thanks for the detailed article.

Ranjit on Jun 12, 2019
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good work. Keep it up

Lokesh on Jul 10, 2019
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who can I contact for my legal case?

Babita on Jun 22, 2019
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its very helpful on the subject

Shivani on Jul 08, 2019
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needed more information. Where to call?

Piyush on Jun 05, 2019
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The writer has explained the law perfectly.

Sandip on Jul 16, 2019
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great content. Thanks.

Abhijeet on Jul 19, 2019
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thanks for the info. How can we contact a lawyer?

Anand on Jun 20, 2019
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Very helpful in understanding the law.

Sudha on Jun 09, 2019
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nice work. Learned a lot. Thanks

Khushi on Jun 09, 2019
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It’s a very nice article.

Prakash on Jul 19, 2019
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A well written article.

Pawan on Jun 05, 2019

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