My client's cheque bounced in Pune; the drawer banks in Delhi. Where do we file under Section 138?
In Pune. Since the 2015 amendment, Section 142(2) gives jurisdiction to the court where the payee's bank branch is, the branch where the cheque was delivered for collection. That overrides Dashrath Rupsingh Rathod, which tied jurisdiction to the drawer's bank.
The Supreme Court applied the amended rule to pending complaints in Bridgestone India v. Inderpal Singh. Check limitation first: the complaint must be filed within one month of the cause of action (Section 142(1)(b)).
Sources
- [1]Negotiable Instruments Act, 1881, s. 142Statute, as amended in 2015
- [2]Bridgestone India Pvt. Ltd. v. Inderpal Singh(2016) 2 SCC 75 · Supreme Court
- [3]Dashrath Rupsingh Rathod v. State of Maharashtra(2014) 9 SCC 129 · Supreme Court · superseded by statute






