the case wil be preserved at the same place the suit was filed,only when post summoning and appearence of the Accused and where the the complaint remains at same place or court where the cheuqe was dishonoured. but here, the appealent recorded their statement at Pre- summning stage by filling the affidavit

Decision by Supreme Court of India: here R1 and R2 were given time to settle the loan due after the judgment in O.A in form of OTS (one Time Settlement) and later after providing certain times,the bank withdrew the option of OTS. the later R1 and R2 filed a WP in High Court where H.C provided 6 weeks of time for OTS nor to Deposit certain amount to stop Auction. but, R1 and R2 failed to do so and later after stipulated time,the bank sold the property and issued sertificate of sale and after deducting the banks amount,remaing amount was handed over to R1 and R2.then, this appeal in S.C was filed to claim they were not informed of Any Auction or no Notice were served to them and they made this Appeal to claim actual amount to be recovered from Auction Purchaser on Current market Rate. so, this Court has Ordered the Auction Purchaser to Pay the Remaing amount of Current Market after deducting the sale Consideration