138 ni act

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved
once complaint filed before jm subsequently the original cheque was missed by the counsel thereafter what procedures will followe by the said counsel

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Devajyoti Barman (Expert) 26 December 2010
The case can proceed on the basis of its photocopy if the same is adequately proved.

SANJAY GUPTA (Expert) 26 December 2010
ask your counsel to make a general diary in respect of the same then you can file the xerox copy along with the general diary to prove your case before the court of law.

Kirti Kar Tripathi (Expert) 26 December 2010
i agree with Mr. Barman.

N.K.Assumi (Expert) 26 December 2010
See also section 45A of the NIA,the drawer can be compelled by law to give duplicate.

Querist : Anonymous (Querist) 26 December 2010
THANK YOU FOR YOUR KIND ADVICE

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 December 2010
No not applicable for lost cheques. In criminal cases all benefit of doubt go to the accused.

Advocate. Arunagiri (Expert) 26 December 2010
The dishonour of the cheque can be proved without the cheque instrument also.

So you can proceed with the case.

Ajay Bansal (Expert) 27 December 2010
THE COMPLAINT IS USELES NOW.

Adv ramesh chheda (Expert) 28 December 2010
according to law of evidence act , in case where primary evidences are not availble in that case u can make use of secondary evidence. here in u r case, while filing u r affi of evidence u can narrate this fact that u r original cheque is lost and so u r annexing zeroxed copy and further u can examine u r adv who has lost original cheque. This way u can improve u r case. I hope u got satisfactory reply . if u wish to knw more on this than u may call me on 9870112826

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