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?
7 Answers from Attorneys
Yes it can but after viewing all the other facts of the cheques.
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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.
Rajiv's view is quit correct
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.
The place of issuance or receipt of bouncing of cheque may confer jurisdiction.
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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