NI Act · Original explanations
Where to file a section 138 cheque-bounce complaint
Other language: हिंदी
Understand the two banking situations in section 142(2), account-based collection, presentation otherwise, and the role of section 142A.
Section 142(1) requires a written complaint by the payee or holder in due course and sets the minimum court level for trying a section 138 offence. This is a statutory complaint route; describing every cheque return as a routine FIR route misses the Act's specific requirements. The territorial question is addressed separately in section 142(2).
Where the cheque is delivered for collection through an account, section 142(2)(a) refers to the branch where the payee or holder in due course maintains that account. Its explanation treats delivery for collection at any branch of that bank as delivery at the branch where the account is maintained. The place where a person happened to hand over the cheque is therefore not always the account-maintaining branch relevant to this provision.
For presentation otherwise than through an account, section 142(2)(b) refers to the drawee-bank branch where the drawer maintains the account. Section 142A additionally deals with transferred proceedings and subsequent complaints in specified situations. Identify how collection happened, both account branches and any existing proceedings before selecting a court; the parties' home addresses alone do not answer the banking rule.
Worked example
Illustration: the payee maintains an account at branch A but deposits the cheque for account collection at branch B of the same bank. The explanation to section 142(2) matters; choosing B solely because of physical deposit may overlook A's role. A cheque presented otherwise than through an account calls for the other statutory branch rule.
Key distinction
First distinguish account-based collection from presentation otherwise; then identify the branch specified by the Act.
Read the relevant sections
The official NI Act text still contains CrPC references. BNSS repeal, savings and the timing of a proceeding need separate attention; this collection does not mechanically replace those references.
Original educational explanations, not individual legal advice. Hindi guides are not statutory translations. The official HTML snapshot was reviewed on 5 October 2026; it is not a separately dated consolidated edition. Consult official text and applicable judicial interpretation. Official Act