Provision Of 142 Section(latest Amendmnt) In Connection With 138 Of N I Act | Vkeel - Free Legal Advice

J N Singh

one case was filed in mumbai against me u/s 138 of N I Act, but i live in Gaya. I have issued a cheque to somebody for buying a machinery and one cheque as security was remained with the dealer and he misused it even in invoice papers jurisdiction in case of any dispute was mentioned as Gaya city only. He presented the cheque in Mumbai and filed case there. after one -two hearings it was transferred to Gaya. But in trial period of 4 years no evidence was produced before court as evidence. Now his lawyer again transferred the case to Mumbai praying u/s 142 of N I Act 138 latest amendment. Is the decision of court is right to send the case again to Mumbai. Can i get any relief in condition of Jurisdiction as Gaya in invoice papers of claimant itself at the time of selling the machinery to me. Pl advice me.if i become absconder wht will the result.

Expert's Answers(2)

Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir, If you abscond, nothing will happen except an NBW will be pending for your arrest and in your absence judgment will be pronounced and recovery warrant will also be issued and your properties will be attached. For details amended provision and examples please visit the following link https://www.legallyindia.com/Blogs/effect-of-the-negotiable-instruments-amendment-ordinance*Phone*of-2015

January 20, 2018
Advocate N Karthikkanna
Madurai, Tamil Nadu

60 Client Ratings

S.. meanwhile the jurisdiction of the cheque presented bank became the sole and absolute jurisdiction.. but now the legal position is changed.. however the jurisdiction of the complainant is favoured.. Hence the Mumbai jurisdiction, as already transfered, Stan's as absolute jurisdiction..

January 20, 2018