1. Yes
2. Magistrate court within which the branch office of bank of A falls.
3. No
4. POA holder can.
5. No
6. Contact an advocate.
Cheque bounce case
A is lender from Telangana and B is barrower from Andhra. A gave 2Lacks, 3Lacks and 5 Lacks separately on 3 different occasions to B. B executed 3 different pro-notes to A. After some time B issued 3 cheques separately as mentioned above as repayments towards pro-notes. All 3 cheques are bounced. The bank authorities communicated about the bouncing of cheques due to insufficient balance for 2 cheques and signature not tallying for the 3rd cheque. Will you please clarify the following few points. 1).Shall A file the case in Telangana State? 2). What will be jurisdiction of the court (ie) Honorable Magistrate court or any other court in Telangana? 3).If A will be the complainant, is it mandatary for A to attend for all adjournments? 4). In case if A is physically challenged or medically unfit to attend the court for all adjournments then any of the friends and relatives of A will be allowed in place of A? 5). Is it mandatary to A to represent the cheque in the Bank for 2nd time? 6). Any other suggestions from your side Sir?
Asked 12 days ago in Criminal Law
Religion: Hindu
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7 Answers
Dear Client,
“A” should file the case in Telangana state since “A” is the lender from Telangana. Jurisdiction typically lies where the cause of action arises or where the defendant resides or carries on business. Since the transactions took place in Telangana, the case should be filed there. The jurisdiction of the court would likely be the appropriate Magistrate Court in Telangana. It is not mandatory for “A” to attend all adjournments personally. “A” can authorize a legal representative, such as advocate, to represent them in court proceedings. However, “A” should stay in touch with their advocate and remain informed about the progress of the case. If “A” is physically challenged or medically unfit to attend court proceedings, they can seek permission from the court to have a representative, such as a family member or friend, attend on their behalf. The court may grant such permission upon submission of appropriate documentation and a valid reason for the request. It is advisable for A to represent the bounced cheques to the bank for a second time, especially if there is a chance that the issues causing the bounce can be resolved. This is typically done to fulfill legal requirements and to provide evidence of attempts to recover the funds.
Case can be filed in magistrate court at Telangana
2) complainant need not be present in all dates of he is represented by lawyer
3) friends and relatives cannot attend case
1. A can file the cheque bounce case within his jurisdiction where he presented the cheques for payment.
. 2. The cheque bounce cases are to be filed before the jurisdictional judicial magistrate courts
3. Yes, he as well as the accused have to appear before trial court on all the dates of hearing.
4. He can depute anyone with a power of attorney deed and can get his case represented through his power agent with the assistance of his advocate.
5. Not necessary.
6. You may consult and discuss with your advocate on all such further issues.
Case will file where A has bank account. first has to send notice within 30days otherwise limitation to file case will pass.
N I Court.
No - through advocate
A can give POA to any friends and relatives to file case.
No.
Send notice of cheque bounce and if not paid within 15 days than file case in next 30 days.
The drawer of the cheque can file it at magistrate court of first class or any metropolitan magistrate court where he holds his bank account where the cheque got bounced
1. Yes
2. If A having account in his home town of Telangana , then he can file the complaint within the jurisdiction where the bank is located.
3. Yes , however if he is not able to appear on the date of hearing then he can give POA to any relative for appearing before the court on his behalf. and to contest the case.
4. Yes
5. No, even on one time bouncing of the cheque , the complaint can be filed after sending a demand legal notice to B.
6. Send a legal notice before filing the complaint under section 138 of N.I. Act
- Further, this notice should be issued within a maximum period of one month from the date of bouncing the cheque
- Further, A can also file a civil suit for the recovery of the cheque amount as well.
