What type of Affidavit is required while filing case u/s138?
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
Would the Ld.Experts please guide? I am a jr.advocate just started practice & was told by a Bank to file a case u/s138. I had filed in Calcutta's Bankshall Court. It was the plaint & wakalatnama. The Ld.Magistrate asked where is the Affidavit of the Complainant? I took adjournment & the next hearing in on 20/06.11. Meantime I had filed another money suit enclosing affidavit of the Complainant which was just 2 para affidavit stating that what ever stated in para 1 to para 6 are true & he shall depend on those statements in future. Now, my question is:
1) Is the same type of simple Affidavit required to be filed on 20.06.11 for that case u/s138? 2)One lawyer told me that it will be an affidavit to be presented in the form of a petition the way it is filed as examination in chief. And it is to be filed along with my application as advocate.
PALNITKAR V.V.
(Expert) 17 June 2011
It is better to file it like examination in chief.
Ravikant Soni
(Expert) 17 June 2011
Reiterate the averments of the complaint in direct first person language.
Querist :
Anonymous
(Querist) 18 June 2011
Yes it will be in first person narrative but my question was 1) Will it be in 2 para short affidavit with the Caption "AFFIDAVIT" stating that I am so & so authorised to file this Complaint & I agree with what ever stated in para 1 to para 10 (say) of the petition uip on which I shall rely upon during trial or 2) It will be a long affidavit the way it is filed as examination in chief starting with "Before the Court of 1st MM at Kolkata" etc., then narrating the whole story in details. Would the Ld Advocates practicing in Bankshal Court at Calcutta kindly guide me as to what type of affidavit will it be
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