Negotiable instruments act

Querist : Anonymous (Querist) 14 November 2018 This query is : Resolved
An affidavit of evidence, filed by complainant with in a cheque bouncing complaint was unattested. Summoning of accused was done. Accused appeared and during trial his counsel started cross examining the complainant on said unattested affidavit. During cross examination he putted the question of unattested affidavit. Cross was deferred after some questions.
Is the unattested affidavit in given circumstances admissible in evidence? If not, what is the remedy?

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P. Venu (Expert) 14 November 2018
What do you mean by 'unattested affidavit'? An affidavit is required to be sworn on solemnly affirmed.

SHIRISH PAWAR, 7738990900 (Expert) 14 November 2018
If you are asking about affirmation then now affirmation of affidavit filed in court need not be affirmed.

Querist : Anonymous (Querist) 15 November 2018
P. Venu Sir, Sworn affidavit
Shirish Pawar Sir, I am asking about sworn affidavit.

P. Venu (Expert) 15 November 2018
Then how is it unattested? Anyhow, this is a curable defect.

Dr J C Vashista (Expert) 15 November 2018
It is un-curable technical as well as legal defect and inadmissible in evidence.
However, seeking permission of Court (on an application) you may resubmit another affidavit in evidence.

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