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cheque bounce

Querist : Anonymous (Querist) 10 January 2010 This query is : Resolved 
Dear Sir,

i have a cheque bounce case in progress.Same cheque i had deposited as a security to my then employer agaist a loan.total loan amount i had deducted at the time of leaving the company.But rather to submit me the cheque,employer presented it to the bank result to the dishounered.

The case is still to reach at it's evidence level.Now the company has submitted an application that the original cheque has misplaced and ask to consider it's photocopy as a evidence.

Please answer what are the possibilities for me?

Thanks,

Anees
Raj Kumar Makkad (Expert) 10 January 2010
Photocopy is not admissible in the evidence in such case and you shall get its due benefit.
G.G.Shaikh Advocate M:9898038990 (Expert) 10 January 2010
i agrry with Mr Raj kUmar. photocopy of document is not exbited in court.
joyce (Expert) 10 January 2010
always orignals are admissible, its photocopy cannot be exhibited. any way its ur luck to take an advantage.
B K Raghavendra Rao (Expert) 10 January 2010

Who knows, tomorrow they may trace the cheque and present it before the court. So, be ready with all the documents in support of your defence to substantiate:

1. That you had issued the cheque towards security against the loan availed by you

2. That the loan amount has been repaid in full at the time of your leaving the service etc.

If, they have submitted an application regarding misplace of cheque, you are advised to submit your strong objection for not allowing the application but to reject the complaint itself and discharge you of accusation.
anuz doda (Expert) 10 January 2010
Dear , There is a provision in Indian Evidence Act Section 63,65,66. Secondary evidence , photocopy of a document may be produced in evidence , if your matter comes in its perview . So be careful . Anuz Doda Advocate
Adv ramesh chheda (Expert) 10 January 2010
present u r case properly u will win and then file a case of perjury ag said complainant and also file a case of defamation and claim compensation
Sukhija (Expert) 11 January 2010
deny existence of any such chq issued by u.
M/s. Y-not legal services (Expert) 06 October 2010
The photocopy of the cheque may marked as a secondary evidence.. Be ready to face it..


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