original bankers slip/memo not filed

anandakumar (Querist) 11 February 2016 This query is : Resolved
Respected experts.In my cheque dishonour case,the complainant did not file the original bankers slip/ memo along with the complaint at the time of filing the complaint u/s 138 of n .i. act.Also he did not file the same during his chief examination but tried to mark and exhibit a xerox copy of the bank slip to which we objected.later the complainant did not choose to mark the xerox copy of the bank slip.what will be the consequences.Also i paid major portion of the loan i borrowed from the complainant But did not get receipt from him beleiving him.he misused my cheque given by me as security.can he prove the dishonour by summoning my banks officials in the absence of bankers slip and prove the dishonourment??

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rajagopal.s (Expert) 11 February 2016
Hi
The original bankers slip is mandatory in 138 NI cases. In the absence of banker's slip the case is liable to be dismissed.

Rajendra K Goyal (Expert) 11 February 2016
If you have proofs of payment submit to Bank.

Take the fact of missing slip as defense.

Adv. Yogen Kakade (Expert) 11 February 2016
rightly stated by the experts above.. but your existing lawyer is the right person to guide you the best.

Kumar Doab (Expert) 11 February 2016
The payments of borrowed amount made by you need to be established by you.

anandakumar (Querist) 17 February 2016
I thank one and all for clearing my doubts....

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