- Under Negotiable Instruments Act, 1881 for bouncing of cheque there are multiple jurisdictions are provided. In your case cheque can be file at Jubilee Hills branch or at Kukattpally Branch or at the place where transaction took place.
- Apart from the locations of banks in which cheque is presented or the bank of complainant, case can be filed to the address at which the notice is issued.
Cheque bounce case jurisdiction
Dear Sir/ Madam, Here is my question. Scenario 1 My friend has given me a cheque of SBI BANK JUBILEE HILLS BRANCH - HYDERABAD. I have SBI account in KUKATPALLY Branch - HYDERABAD. The cheque was submitted in the SBI JUBILEE HILLS BRANCH- HYDERABAD (His home Branch). The cheque bounced due to insufficient funds and demand notice sent from kukatpally address. Question 1 - A. Where should the case be filed ? under which court jurisdiction ? B. Both of us stay in Kukatpally. Can i file case based on the residence address or Demand Notice address ? Scenario 2 My friend has given me a cheque of ICICI Bank - Punjagutta Branch - Hyderabad I have ICICI bank account of Visakhapatnam Branch- Andhra Pradesh ( Different State). The cheque has been submitted in Jubilee Hills Branch- Hyderabad. Question 2 - A. Where should the case be filed in this scenario? under which court jurisdiction. B. Both of us stay in Kukatpally. Can i file case based on the residence address or Demand Notice address ?
Asked 3 years ago in Civil Law
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8 Answers
See in both scenarios you both are living in Kukatpally and now days due to digitalized all bank transactions in India, so you can file case in your home town i.e. Kukatpally.
1. Supreme Court states that as per section 142(2)(a) of the Negotiable Instrument Act, the court within whose jurisdiction the branch of the bank where the payee maintains the account is situated, will have jurisdiction to try the offence, if the cheque is delivered for collection through an account.
2. As per the Negotiable Instruments (Amendment) Act, 2015 a complaint can be filed under Section 138 for dishonor of cheque at a court within whose local jurisdiction:-
- The branch of the bank is located
- The payee or the holder maintains an account
In view of this recent amendment, a complaint for dishonor of cheque under Section 138 of Negotiable Instruments Act can be filed in the court situated at a place where the bank of the payee is situated.
when the cheque is delivered for collection through an account, the complaint is to be filed before the court where the branch of the bank is located, where the payee or the holder in due course maintains his account and, when the cheque is presented for payment over the bank, the complaint is to be filed before the court where the drawer maintains his account.
Case can be filed in Jubilee Hills or in Kukatpally
2) in second case file complaint in punjagutta or in Jubilee Hills
Dear sir/ma'am,
Your concern is regarding the jurisdiction of court for filing a case of check bounce. Please note that the law concerning this is stated in the Negotiable Instruments Act, 2015. It says that for dishonor of cheque you should file case in that court which is located where the branch of bank is located or where the payee or holder has an account in.
In your case, In Scenario-1. case to be filed in either Jubilee Hills or in Kukatpally.
In Scenario-2, case could be filed in a Jubilee Hills or in Punjagutta.
As you can see, both cases can be filed in common place- Jubille Hills. Thank you
Scenario 1
Ans A:- Complaint has to be filed at the jurisdiction where the Complainant maintains his bank account, i.e. the Magistrate court where your bank is located.
For the same you may contact your branch where you maintain your bank account and then enquire with the bank as to which police station comes for their jurisdiction. Thereafter you may contact the police station and ask if there is a 138 complaint to be filed which location falls under their jurisdiction.
A. Your bank , where you have deposited the said cheque is jurisdiction to file case under section N.I. Act
B. As reply A
Please note that the petition under section 138 of Negotiable Instrument Act for cheque bouncing matter would be filed as per the jurisdiction of the Court for the branch of the Bank where the cheque was deposited.
