Supreme Court Ruling: Where Should Cheque Bounce Complaints Be Filed?
Cheque bounce cases under Section 138 of the Negotiable Instruments Act have long faced confusion over territorial jurisdiction. Where should a complaint be filed? The place where the cheque was drawn, dishonoured, deposited, or where the payee resides?
To resolve this long-standing confusion, the Supreme Court has delivered a significant judgment in Jai Balaji Industries vs HEG Ltd. This decision provides clarity for complainants, businesses, and courts across India.
Background of the Case
HEG Ltd. supplied goods to Jai Balaji Industries. For payment, the accused company issued a cheque from its Kolkata branch. The payee, HEG Ltd., deposited the cheque in its bank account at Bhopal. However, the cheque was returned unpaid due to “Funds Insufficient.”
Initially, the complainant filed a case in Kolkata because of the Supreme Court’s earlier ruling in Dashrath Rathod, where the jurisdiction depended on the place of dishonour.
But the 2015 Amendment to the NI Act changed this rule completely.
What the 2015 Amendment Changed
The Negotiable Instruments (Amendment) Act, 2015 introduced Section 142(2) along with an important Explanation. It clearly states that cheque bounce cases must be filed where the payee’s bank account is maintained.
This Amendment shifted the entire legal framework to a complainant-centric jurisdiction. The complainant no longer needs to travel to the drawer’s city or the dishonour location.
The Explanation further clarifies that even if the cheque is deposited in another branch, it will still be treated as deposited in the payee’s “home branch.”
New Complaint and the Objection Raised
After the Amendment took effect, HEG Ltd. withdrew its complaint from Kolkata and filed a fresh complaint at Bhopal.
Jai Balaji Industries objected, arguing that:
- The Amendment should not apply retrospectively,
- The previous proceedings in Kolkata could not be ignored,
- Jurisdiction must remain where dishonour occurred.
This disagreement eventually reached the Supreme Court.
Supreme Court’s Interpretation of Jurisdiction
The Supreme Court held that the 2015 Amendment was enacted to bring uniformity, convenience, and certainty in cheque bounce cases.
The Court declared that jurisdiction now depends exclusively on the: Location of the payee’s bank account.
The place of dishonour is no longer relevant for determining jurisdiction. This interpretation aligns with modern banking practices, digital clearing systems, and multi-branch banking operations.
Why the Kolkata Complaint Became Irrelevant
The Supreme Court clarified that once the old complaint was withdrawn, it lost all legal relevance.
The new complaint is an independent proceeding and must be evaluated under the amended law (2015 Amendment). Therefore, arguments about earlier evidence or progress in Kolkata were dismissed.
Final Verdict: Which Court Has Jurisdiction?
The Supreme Court concluded that in this case, Bhopal Court had the lawful territorial jurisdiction.
There was no reason to transfer the complaint to Kolkata. Hence, the transfer petition was dismissed.
Why This Decision Matters Nationwide
This judgment sets a uniform and complainant-friendly rule for all cheque bounce cases. Complainants no longer need to chase the accused across states or cities.
The ruling saves:
- Time
- Money
- Litigation cost
- Unnecessary travel and delays
Alignment with Modern Banking
The Court recognized that cheques can be deposited anywhere, but the core relationship exists at the payee’s home branch.
Thus, giving jurisdiction to the payee’s branch is logical, technology-friendly, and aligned with the intent of the Amendment.
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Conclusion (Schema-Friendly)
The Supreme Court’s decision establishes a clear and uniform rule for cheque bounce cases under Section 138. Jurisdiction lies only where the payee maintains their bank account. This strengthens transparency, reduces disputes, and simplifies legal proceedings.
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