If you are filing a Section 138 Negotiable Instruments (NI) Act (Commonly known as Cheque Bounce Case) complaint in Kota, Rajasthan, understanding which police station falls under the jurisdiction of which Special Judicial Magistrate is crucial. This ensures that the complaint is filed in the correct court. Advocate Prakhar Gupta, practising in Kota under the law firm Arms Length Legal, explains the jurisdictional mapping of theNI Act courts in Kota.
Jurisdiction is determined based on the location of the bank branch where the cheque was dishonored and the police station limits under which that branch falls. Filing in the wrong jurisdiction can lead to delays or dismissal.
Below is the updated jurisdictional chart of Special NI Act Magistrates in Kota along with their designated police stations.
Special Judicial Magistrates for Cheque Bounce Cases in Kota
Each Special Judicial Magistrate (NI Act Cases) in Kota has jurisdiction over specific police station areas. To decide where to file a cheque bounce case, one must identify the police station under which the concerned bank branch falls.
Special Judicial Magistrate (NI Act Cases) No.-1 Kota
Jurisdiction covers the following police stations in Kota, Rajasthan:
- Police Station R.K. Puram, Kota Rajasthan
- Police Station Gumanpura, Kota Rajasthan
All Section 138 NI Act complaints related to these police stations fall under the jurisdiction of this magistrate.
Special Judicial Magistrate (NI Act Cases) No.-2 Kota
Jurisdiction covers:
- Police Station Anantpura, Kota Rajasthan
- Police Station Maqbara, Kota Rajasthan
- Police Station Dadabari, Kota Rajasthan
If the bank branch is located under any of these police stations, the complaint will be filed in this jurisdiction.
Special Judicial Magistrate (NI Act Cases) No. -3 Kota
Jurisdiction covers:
- Police Station Kotwali, Kota Rajasthan
- Police Station Jawaharnagar, Kota Rajasthan
- Police Station Vigyannagar, Kota Rajasthan
This magistrate has jurisdiction over complaints arising from dishonored cheques in these police station areas.
Special Judicial Magistrate (NI Act Cases) No. -4 Kota
Jurisdiction covers a larger set of police stations in Kota, Rajasthan:
- Police Station Borkheda, Kota Rajasthan
- Police Station Railway Colony, Kota Rajasthan
- Police Station Udyognagar, Kota Rajasthan
- Police Station Mahavirnagar, Kota Rajasthan
- Police Station Nayapura, Kota Rajasthan
- Police Station Kethoon, Kota Rajasthan
- Police Station Kunhadi, Kota Rajasthan
- Police Station Kaithunipol, Kota Rajasthan
- Police Station Kishorpura, Kota Rajasthan
- Police Station Mandana, Kota Rajasthan
- Police Station Bhimganj Mandi, Kota Rajasthan
This magistrate covers the widest jurisdiction under the NI Act in Kota.
Why Jurisdiction Matters in Cheque Bounce Cases
Filing a Section 138 criminal complaint in the wrong jurisdiction can result in unnecessary delays. Courts will return the complaint if it does not fall under their jurisdiction. That is why it is extremely important to verify the jurisdiction based on:
- The bank branch location where the cheque was dishonored.
- The police station limits covering that branch.
- The designated Special Judicial Magistrate for that police station.
Advocate Prakhar Gupta advises businesses, individuals, and banks in Kota to carefully verify these details before initiating any NI Act proceedings.
This jurisdiction list of Special Judicial Magistrates in Kota for NI Act cases keeps changing from time to time. Transfers, notifications, and administrative orders may alter the jurisdictional mapping.
Before filing any Section 138 complaint, it is strongly recommended that you consult your Advocate in Kota to confirm the latest jurisdiction.
How to Determine the Jurisdiction of the Relevant Court in Cheque Bounce Cases
When filing a complaint under Section 138 of the NI Act in Kota, it is essential to know which court has jurisdiction. Filing in the wrong court can result in dismissal or unnecessary delays.
Supreme Court’s Clarification on Jurisdiction
Earlier, there was confusion about whether the complaint should be filed where the cheque was issued, where it was presented, or where it bounced. To resolve this, the Supreme Court in Dashrath Rupsingh Rathod v. State of Maharashtra (2014) initially restricted jurisdiction to the drawee bank branch (where the drawer holds the account).
Later, the law was amended by Section 142(2) of the NI Act (2015 Amendment), which now provides that:
- The jurisdiction lies where the payee’s bank branch is located (the bank branch where the cheque was presented for collection).
- If the cheque is presented through an account, the jurisdiction is the location of the bank branch of the payee/complainant.
This means that all complaints are now to be filed in the court under whose jurisdiction the payee’s bank branch falls.
Who is Competent to Take Cognizance of Cheque Bounce Cases in Kota?
In Kota, only the Special Judicial Magistrates (NI Act Cases) are competent to take cognizance of Section 138 cases. There are 4 such Special NI Courts in Kota, each with jurisdiction over specific police stations.
So, once you know the police station area of the bank branch where the cheque was deposited and dishonored, you can determine the exact magistrate court in Kota that will hear your case.
For example:
- If the cheque was deposited in a bank branch under Police Station Jawaharnagar, Kota Rajasthan, then the Special Judicial Magistrate (NI Act Cases) No.-3 Kota will have jurisdiction.
- If it was deposited under Police Station Borkheda, Kota, Rajasthan, then Special Judicial Magistrate (NI Act Cases) No.-4 Kota will take cognisance.
Checklist to Decide Jurisdiction
- Identify the bank branch where the cheque was deposited.
- Check which police station covers that branch.
- Refer to the jurisdictional allocation of Special NI Courts in Kota (as listed above).
- File the complaint in the corresponding Special Judicial Magistrate Court.
Note: Though these courts are commonly referred to as cheque bounce courts, they are competent to take jurisdiction over all offences under the NI Act, not just Section 138.
Always remember: correct jurisdiction is the first step towards justice in cheque dishonor cases.
Frequently Asked Questions
What is Section 138 of the NI Act?
It is the legal provision that criminalizes dishonor of cheques due to insufficient funds or other reasons, making the drawer liable for prosecution.
How many Special NI Courts are there in Kota?
There are 4 Special Judicial Magistrates designated as Special NI Courts in Kota.
Do Special NI Courts only handle cheque bounce cases?
While they primarily handle cheque bounce cases, they also have jurisdiction over other matters under the NI Act.
Why is jurisdiction important in cheque bounce cases?
Jurisdiction ensures that the case is heard by the correct court based on the police station limits of the bank branch.
What happens if I file in the wrong jurisdiction?
The complaint will be returned or dismissed, causing delays and additional expenses.
Who can guide me about cheque bounce jurisdiction in Kota?
Advocate Prakhar Gupta, Arms Length Legal, is well-versed in cheque bounce jurisdiction in Kota and can guide you effectively.
The present article is for educational purposes alone, please take independent Legal advice from a professionals
For More Information, Contact Advocate Prakhar Gupta
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