We put up a notice 5 months back in Hyderabad Court against one of our clients in Bangalore for non payment of one of our bill against PDC. We presented the pdc cheque twice here which got dishonored. The date for hearing of the case was 19th of September, and on that day when we went for hearing, the court returned the papers saying that there is a new law passed by supreme court which says the case has to be put up in the area of our buyer's bank. which is in Bangalore. We also came to know that the due date of re-submission is on 19.10.2014. I don't know advocates in Bangalore and very less time to put up the notice. What to do now?? Please suggest!!
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1. It is not a new law but recent interpretation of law by the Supreme Court,
2. Rush to Bangalore personally to select your lawyer and file the case at Bangalore,
3. Since you had already filed the case earlier, the preparation time for making the plaint will be zero,
4. Rush to avoid being time barred.
contact a lawyer in Bangalore and file the complaint.
recently sc held in the below case.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2287 OF 2009
Dashrath Rupsingh Rathod …..Appellant
Versus
State of Maharashtra & Anr. …..Respondents
W I T H
CRIMINAL APPEAL NO. 1593 OF 2014
[Arising out of S.L.P.(Crl.)No.2077 of 2009];
CRIMINAL APPEAL NO. 1594 OF 2014
[Arising out of S.L.P.(Crl.)No.2112 of 2009];
CRIMINAL APPEAL NO. 1595 OF 2014
[Arising out of S.L.P.(Crl.)No.2117 of 2009];
CRIMINAL APPEAL NOS. 1596-1600 OF 2014
[Arising out of S.L.P.(Crl.)Nos.1308-1312 of 2009];
CRIMINAL APPEAL NO.1601 OF 2014
[Arising out of S.L.P.(Crl.)No.3762 of 2012];
CRIMINAL APPEAL NO. 1602 OF 2014
[Arising out of S.L.P.(Crl.)No.3943 of 2012];
CRIMINAL APPEAL NO.1603 OF 2014
[Arising out of S.L.P.(Crl.)No.3944 of 2012]; AND
CRIMINAL APPEAL NO. 1604 OF 2014
[Arising out of S.L.P.(Crl.)No.59 of 2013].
It is not a law but a recent judgement of Supreme Court wherein In a landmark judgment, the Supreme Court has changed the ground rule under Section 138 of Negotiable Instruments Act to prosecute a person who had presented the cheque which bounced for insufficiency of funds.
This means, if a man from Delhi gave a cheque drawn on a Delhi bank for buying something in Chennai and it bounced for insufficiency of funds, then the aggrieved person will have to travel all the way from Chennai to Delhi to initiate prosecution under Section 138.
So thus, you will have to file a complaint in Banglore , so contact a local lawyer in Bangalore. You have many good lawyers on this forum , so you can even contact them.
you can contact a lawyer based in Banglore through this site and file the case there.
1. Dashrath roop singh rathod vs state of maharashtra CRIMINAL APPEAL NO. 2287 OF 2009, held by the supreme court that .........
a) cause of action arises when the cheque is dishonored by the bank or branch of bank.
b) jurisdiction of the court is decided on the basis of arising of cause of action.
c) so the court having jurisdiction over the area where the cheque is dishonored is the competent court and case shall be registered and tried in such court.
2. now sending notice of dishonor shall not decide the jurisdiction of court.
3. unless and until this decision is reversed by larger bench of the supreme court this decision shall prevail.
1. The court has rightly returned your case in view of the law laid down by the Supreme Court of India.
2. The case can be filed only at Bangalore.
3. If the case is not filed by 19.10.14 your legal remedy will be foreclosed.
4. Many Bangalore based lawyers are on this portal. You may contact any one them after obtaining their contact details from the administrator.
you have to file case with in 30 days you may contact lawyer from banglore from this panell
Yes it must the filed in the place of branch where it is issued.there is a Supreme Court ruining regarding the same. You can get it transferred to that court
