complaint without notice in sec138 of NIACT

Querist : Anonymous (Querist) 24 May 2010 This query is : Resolved
hi, sir i have misplaced the notice sent by me to accused relating to sect138 of NIACT, but I have recieved the acknowledgement and even reply of that notice, so is it necessary to file a copy of notice while filling the complaint?, is it ok to give undertaking?

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Arvind Singh Chauhan (Expert) 24 May 2010
I do anxious to know the opinion from learned members.

VIJAY K. TEOTIA (Expert) 24 May 2010
Demand notice is necessarily to be annexed with the complaint since it is a statutory notice along with acknowledgement and reply thereof. however you can take a chance by filing complaint along with other documents and stating on affidavit about the misplace of notice. you can support your contentions with the reply and acknowledgement. it depends on court either to register complaint and summon the accused on the basis of documents and statements.

adv. rajeev ( rajoo ) (Expert) 24 May 2010
When you have got acknowledgment and reply notice you can proceed with the case. If the accused challenged the notice then you may call the notice from the accused.

B K Raghavendra Rao (Expert) 24 May 2010
Reply notice is sufficient to say that you had sent a notice and the same has been replied. You may produce a copy of the reply notice and proceed.

Pankaj Kundra (Expert) 24 May 2010
you lawyer must have a kept a copy of the notice for sure .. ask fr the same from him ... If no then do as suggested by my learned friends

Arif Iqbal (Expert) 24 May 2010
Yes, the filing of copy is very much necessary as cause of action of 138 NI Act arise only after the elapse of the 15 days time period as stipulated in the notice. More over you cannot compel the accused to produce the original notice, as it would amount to compelling the accused to adduce evidence against himself.

Krishnamurthy Ramdas Iyer (Expert) 24 May 2010
draft and print one more copy.

Gaurav mishra (Expert) 24 May 2010
when you have got reply then the notice or its contant are not the subject debat.so just by prienting another copy of said notice you can file the complient.

Neeraj Arora (9897136755) (Expert) 30 May 2010
I do agree with Mr. Arif Iqbal, That the filing of copy of notice is very much necessary for cause of action of 138 NI Act.

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