N.I.Act

Querist : Anonymous (Querist) 18 January 2011 This query is : Resolved
Respected sir, I have filed a case of cheque bounced under N.I.Act. and the matter is now for the production of affidavit on oath. but unfortunately the said orignal cheque is misplaced by me. Can i keep the xerox cheque under the list of doccument ?

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Ajay Bansal (Expert) 18 January 2011
Sorry friend.Your complaint will be a failure now.

Amit Minocha (Expert) 18 January 2011
can't help the case is lost

Guest (Expert) 18 January 2011
YOU MAY KINDLY NOTE THAT ORIGINAL DOCUMENTS WILL BE ESSENTIAL TO PROVE THE COMPLAINT UNDER N.I.ACT.
YOU HAVE OPTION TO GO FOR CIVIL SUIT WITH REFERENCE TO PROVISIONS OF LIMITATION ACT.GOOD LUCK.

Advocate. Arunagiri (Expert) 18 January 2011
You can try your level best for filing the xerox copy as a secondary evidence. Because the entire transaction is recorded in the banks. But, for the accused it is a very good defense.

Advocate Bhartesh goyal (Expert) 18 January 2011
I do agree with Mr.Sawant.

Guest (Expert) 18 January 2011
You will have 100% success. As suggested by Mr.Arunagiri, you may use the xerox copy of Cheque as a secondary evidence. Take a Police "Non-traceable Certificate" and use it in your favour. I got success for my client (complainant) in a case exactly of this nature. I called the bank's witness and proved my side.

Arvind Singh Chauhan (Expert) 18 January 2011
Please find the judgment-

Magistrate permitted to file photocopy of the cheque- original was lost from the custody of complainant later –magistrate dropped the proceeding- order of magistrate to drop the proceeding not justified- complainant ought to have been given opportunity to adduce secondary evidence under 65 of evidence act- A.C.C.-2005-Vol-52-Summary of Cases-Page-7-Kerla-H.C. Citaranjan V/S Jayarajan Cr. Revision petition No. 1043-44 of 1994- 17 Jan 2003.

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