Cheque deposited through the payee’s account
Where the payee or holder in due course delivers the cheque for collection through an account, jurisdiction ordinarily lies where the branch of the bank in which the payee or holder maintains the account is situated.
Cheque presented otherwise than through an account
Where the cheque is presented for payment otherwise than through an account, the statutory rule looks to the branch of the drawee bank where the drawer maintains the account.
Do not assume any court is available
The place of residence of the parties, the place where a loan was advanced or the location written in a contract does not by itself answer the Section 142(2) question.
Check transfers and pending cases
Section 142A contains provisions relevant to jurisdiction and transfer of cases. The procedural history should be checked before filing.
Verify the bank branch, mode of presentation and current statutory text before selecting the court.
PROFESSIONAL INFORMATION
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