Negotiable instrument act

Advocate Sheetal (Querist) 14 September 2013 This query is : Resolved
in my one 138 NI Act case, i m for accuse, at the evidence stage i have found that, the Complainant have lost his all original documents like cheques, memo, rpad receipt, notice. he had applied for secondary evidence. how it is advantageous for me & what i can take stand.

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ajay sethi (Expert) 14 September 2013
th eaffidavit of evidence ffiled by complainant would be cruicial . the complaint has to lay down solid grounds for leading secondary evidence . how the originals were lost , who had custody of the same , when were copies taken etc

Nadeem Qureshi (Expert) 14 September 2013
reply the questions raised by expert for best advise

V R SHROFF (Expert) 14 September 2013
Take full advantage.
Xerox is not admissible, being criminal proceedings. Your denial of Signature on cheque will be fatal , and challenging to prove.
Any Xerox will need to be proved where and with whom Ori were??

Rajendra K Goyal (Expert) 14 September 2013
Situation is advantageous for you. Well advised by the expert ajay sethi ji and other experts.

Advocate Sheetal (Querist) 15 September 2013
the complainant taken ground that, the original was lost by the custody of court.
plz suggest same case laws.

ajay sethi (Expert) 15 September 2013
if originals had been filed in court and lost he can lead secondary evidence .

we dont provide case laws .

you are an advocate you have to do your own research

Dr. Jyothi Vishwanath (Expert) 15 September 2013
Agreed to the experts...

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