loss of promissory note.

sanjay kumar patibandla (Querist) 02 September 2008 This query is : Resolved
I filed on case under section 138 of N I Act. The brief facts of the case r that, complainant got issued a legal notice and it was served to the accused. The cheque is for 25,000/- After receiving the notice accused sent a DD of rupees 7000/- to the complainant.

Debt is under promissory note. It is clearly mentioned in legal notice and complaint. But the complainant lost the promissory note. The above matter is coming for trail now. What to do now.
Please suggest me what I have to do with the help of case laws.

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ESTHERPRIYA (Expert) 04 September 2008
As soon as the promissory note is lost you are supposed to give a police complaint and get the Copy of the FIR and a paper publication to return to the PN to you. You may now use the photostat copy of the same as is can be contrued as secondary evidence admissibel in law when the original is incapable of production. I dont have a detailed case laws on this point any way if i have i will send you later.

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