Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnata... Read More
Where Should I Lodge A Complain Against Cheque Bounce
Within how many days the complaint needs to be filed?
- Sector-1, Noida
The complaint is required to be filed in the court of the Magistrate who has jurisdiction over the place where the branch of the bank is situated in which the account of drawer of the cheque exists on which bank account the cheque was made. The place of the bank where the cheque is presented by the payee is not relevant now. Only the place where the bank account of the drawer of the cheque is situated, is now relevant. This is as per the recent judgment dated 1 August, 2014 of a 3-Judge bench of the Supreme Court in the case of Dashrath Rupsingh Rathod v. State of Maharashtra, in Criminal Appeal No. 2287 of 2009 (see here). However, in the case of a multi-city cheque, a single judge bench of the Bombay High Court, vide its judgment dated 25 August 2014 (see here) in the case of Ramanbhai Mathurbhai Patel v. State of Maharashtra in Criminal Writ Petition No. 2362 of 2014, has recently given a different judgment.
Answered on 28 Sep 2018
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