• Cheque bounce - area of jurisdiction

Dear Sir/Madam,

I live in Bangalore and I gave some money in cash to an acquaintance in Bangalore. I didn't get any signed agreement for the payment as he gave a post-dated cheque for the amount. When I submitted the cheque in Bangalore (Karnataka), it bounced due to a signature difference and the bank returned the cheque to my permanent address in Madurai(Tamil Nadu). The bounce memo bears my permanent address in Madurai.

"From the account number on the cheque, I found that the person signed on someone else's (a lady) cheque and it was not his (The cheque didn't have anyone's name)."

I'm going to send a demand notice to him. 

Questions: 
1. Where is it possible to file a case against him: Bangalore (cheque deposited, cash given) or Madurai(my permanent address to which cheque and memo were returned by my bank)? I DON'T want to file in Bangalore as it is a temporary residence and I'm not sure how long I will be in the city.

2. Will my address in the demand notice influence the jurisdiction of where the case can be filed?  If so, can I mention my permanent address in the demand notice?

3. Will it be possible to file a case as I don't have any proof for the cash given to him?

Thanks a ton.

Regards,
Saravanan
Asked 2 years ago in Criminal Law from Madurai, Tamil Nadu
you can file it either place but you have to creat jurisdiction of that place by showing cause of action at that place. for brief you may call me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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file it in bangalore
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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Hi,
 your jurisdiction in this matter is in Bangalore unless you prove that transaction took place in  other place. It is also advisable to initiate the criminal proceedings in case your cheque case fails in Bangalore where the accused/respondent stays or has his address.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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there has to be a legal liabilty for filing case under 138ni
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in cheque bounce cases proof of cash given not required if you have  bounce cheque it is presumed that it might be given for some legal liability. for brief you may call me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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