Legal Question in Banking Law in India

whether complainant counsel office address as come as a jurisdiction to file the complaint in 138 of N.I.Act? or Not?


Asked on 8/01/09, 3:08 am

7 Answers from Attorneys

Yes it can but after viewing all the other facts of the cheques.

For More detail, Mail your detail to the undersigned;

Mr. Kamal Grover, Advocate (Chandigarh, India)

M: 09814110005

e-mail: [email protected]

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality.

Regards and good luck

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Answered on 8/01/09, 3:14 am
Pranav Desai PD Legal & Associates

Yes.

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Answered on 8/01/09, 5:12 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the complaint at the address of complainant alone is not maintainable as you need to show that the cause of action arose at that particular address. the complaint is either maintainable where the bank the cheque was presented or where the cheque was dishonoured or where the cause of action, if any arose.

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Answered on 8/01/09, 7:07 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Rajiv's view is quit correct

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Answered on 8/01/09, 8:02 am

It is the complainant's address at which he received back the cheques with the intimation from his bankers that can give jurisdiction for filing the complaint and not the address of his Advocate.

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Answered on 8/01/09, 9:25 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The place of issuance or receipt of bouncing of cheque may confer jurisdiction.

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Answered on 8/01/09, 10:09 am
Vishwa Arya Arya & Co.

The counsel address from where the notice was issued used to be the territorial jurisdiction after a SC judgment but in a recent judgment the earlier view has been over ruled.

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Answered on 8/01/09, 11:27 am


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