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.         

 



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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User Reviews


4.8 - 23 reviews
A
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I want to hire a cheque bounce advocate. Who to call?

Amar on Jun 04, 2020
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Cheque given as security for loan? What to do?

Ashok on May 29, 2020
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Easy to understand. All details covered regarding cheque bounce.

Hari on Jun 01, 2020
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can I file civil and criminal case both in cheque bounce?

Naveen on May 31, 2020
S
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thanks for the details. Very helpful for my cheque bounce case.

Sarika on Jul 01, 2020
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Very good article

Shivangi on Jun 14, 2020
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Understood the subject with clarity.

Shailendra on Jul 04, 2020
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good work

Abhishek on Jul 03, 2020
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loved the way concept is explained. Nicely written for any layman to understand.

Shekhar on Jun 21, 2020
G
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Tells all the legalities about the subject. Good work.

Gautam on Jun 24, 2020
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who can I contact for my legal case?

Kailash on Jun 25, 2020
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its very helpful on the subject

Nitin on Jun 05, 2020
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very good article. Please provide more information on the subject

Dharmendra on Jun 15, 2020
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very informative.

Aparna on Jun 19, 2020
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Answered all my legal queries.

Sushil on Jul 06, 2020
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nice article. Good legal advice

Varsha on Jun 23, 2020
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nice article. Thanks for the information

Ankita on Jun 29, 2020
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thanks for the information

Girish on Jun 22, 2020
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very informative. Can you tell more about this

Harpreet on May 22, 2020
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Very nice article. English is very simple. Thank you for the information.

Shobha on Jun 01, 2020
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helpful in understanding the law

Sweta on Jun 09, 2020
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very good article. Can you tell me more about the law?

Ritika on Jul 05, 2020
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Thanks for the detailed article.

Atul on Jun 30, 2020

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