Where a recovery suit is to be filed on the basis of dishonor of cheque,

 2022 MLD 762

Where a recovery suit is to be filed on the basis of dishonor of cheque, the respondent would have the option of choice of forum for filing recovery suit either in the district courts where the bank on which it was drawn is situated or in the district courts within jurisdiction of which the bank where it was presented for encashment and dishonored is situated on the basis of doctrine of election, which not only is applicable to the available remedies but also to the available forums, if they have concurrent jurisdiction to try a matter within its jurisdiction subject to exception of mala fide choice of forum which has to be established by pleading details of such mala fide whereas in the present case the appellant has not pointed out any such mala fide of the respondent to file recovery suit at District Khanewal, within the jurisdiction of which the cheque was dishonored, hence, application under Order VII Rule 10 CPC filed by the appellant for return of plaint to be filed at courts at Tehsil Mailsi, District Vehari, where the bank on which cheque was drawn is situated, was rightly dismissed by the trial court.