Area jurisdiction problem with court
Hi Goodevening I am Harish Gupta living in faridabad Haryana and office in Noida utterpardesh
One of my freind living in Sahadra Delhi , he took loan 2 lacs from me , without agreement , but i give this loan through neft from my account to his account with sevral transaction, he denied to repay me , i filed criminal complaint in Karkaduma court Delhi , judges asked report from police , police took my statement and replied me you give money though neft when u was transferring money you were in Noida or In faridabad so its not jurdicery area of your complaint , he gave same report to court , same thing judge is saying its not your judicery area go to Noida or Faridabad , my lawyer replied to judge legal notice replied from accussed from shahdra thats why we filled here but judge not conveince .so lawyer taken time for next month.
Tell me how can i conveyence to judge for proceed my case in Delhi because it is very typical me again file in faridabad or Noida .
I want conveience judge and want to proceed my case in karkduma court delhi only , help me with which law and section i can convience to judge.
Asked 3 years ago in Criminal Law from New Delhi, Delhi
And if not possible in Delhi which will be guranteed judicery for this case where judge will not ask this question because its online transaction i also forget where i was at the time of transferring money.
Asked 3 years ago
1) As far as jurisdiction is concerned unlike in a cheque return case you need to go by the place of occurance of the transaction. If the court/judge is directing you to file your case again in the court where it has jurisdiction to entertain the case , do likewise without delay.
2) Therefore instead of trying to convince the judge, withdraw the case and file it in the court having jurisdiction to entertain the case. You have proof of having made the payment through your bank and have a good chance of recovering your money with compensation and legal expenses.
3)Know that you can not file a case based on your convenience; you need to file the case in the court that has jurisdiction.
1. Firstly it may be mentioned that criminal case is not made out in the given circumstances. Be that as it may, if the money was transferred by you while you were in Noida or Faridabad then the case could not have been filed in Delhi. You ought to have filed the case in Noida or Faridabad, as the case may be.
2. That the legal notice was replied from Shahdara does not entitle you to file the complaint therein.
3. The courts do not decide the fate of the case on the basis of the personal convenience of the parties.
4. You should withdraw the complaint and file it in the proper court.
5. You can file a suit for recovery of your money against the borrower at the place where you are residing.
You can file the complaint at the place where the money was advanced, or where you are residing, depending on the facts of the case.
It is advisable that you file the case in the court of ghaziabad or noida and rightly the delhi court has no jurisdiction in this case.
1. The place where the cause of action arose decides about the Jurisdiction of the Court which jurisdiction on the said place,
2. In the above cae the cause of action arose at Noida or Faridabad from where you had sent instruction for the said transfer of money,
3. Withdraw the case filed at Delhi and refile it at either Noida or Faridabad immediately before it becomes timebarred.
1. Judges action/decisions can not be guaranteed,
2. Judges will not act as per your convinience or wish,
3. You shall have to abide by the law,
4. There vhas been nothing wrong on the part of the Judge at Delhi who asked you to file the case before the Court vhaving jurisdiction on the area where cause of action first arose.
Section 177 in The Code Of Criminal Procedure deals with the Jurisdiction Of The Criminal Courts In Inquiries And Trials.
Ordinary place of inquiry and trial is considered as :
Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Section 180 in The Code Of Criminal Procedure deals Place of trial in case of certain offences. ie;Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
So the court is right in your case.File the case at Noida or In faridabad
First of all try to find out his bank detail, as where is his bank is situated, if his bank is situated in the jurisdiction of Karkardooma Court then the Karkardooma court have jurisdiction to entertain the complaint.
apart from this, there is a civil dispute of transaction, you loaned him and he deny to repay, then you should file a civil suit for recovery against him before civil court, either in faridabad or in Delhi where he was residing/is residing.
Advocate, New Delhi