138 ni act

Tapan Kumar Jha (Querist) 05 July 2012 This query is : Resolved
Cheque Bounce Memo on the back side of the Cheque could not be exhibited in 138 complaint, though filed on record. No reference of the same came during cross examination of Complainant. After argument non-exhibition of MEMO was raised by Accused side. Is there any way out for complainant? What is the process for the Court?

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ajay sethi (Expert) 05 July 2012
make an application for recall of complainant to lead additional evidence .

Kiran Kumar (Expert) 05 July 2012
rightly advised by Mr. Sethi.

the other party will definitely raise a plea that its merely filling up the lacuna...but keeping in view the interest of justice the court may allow your application for the desired purpose.

more the application without delay.

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