Legal Question in Banking Law in India
My client from Pune , Issue cheques from Pune SBI , I deposited all cheques in my Home town Kolkata. all cheques return and I filed against him & order. but now my lawyer told that you cant do from here. you will go to Pune and arrange or file newly. this is right way or any suggestion's .
1 Answer from Attorneys
12.11.2014
Dear Sir / Madam,
A three Judge bench of the Supreme Court finally held that a complaint of dishonour of cheque can be filed only to the Court within whose local jurisdiction the offence was committed, which in the present context is the place where the cheque is dishonoured by the bank on which it is drawn. The Court clarified that the Complainant is statutorily bound to comply with Section 177 of the CrPC and therefore the place or situs where the complaint under Section 138 is to be filed is not of the Complainant's choosing.
As is evident from the above, the case under Section 138 will have to be filed in Pune, since the dishonouring bank is in Pune.
Regards,
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