Civil Procedure Code (CPC)

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Negotiable of Instrument Act

Querist : Anonymous (Querist) 26 November 2010 This query is : Resolved 
a complaint under section 138 of Negotiable of Instrument Act has been filed by complainant on the grounds that the goods were sold to me and in lieu of bills issued the accused issued a cheque which has been dishonoured vide various memos. however no original bill or attested copy of bill despite demanded has been produced on record. how many chances are there of acquittal.
Devajyoti Barman (Expert) 27 November 2010
For conviction bringing the orinal docuents are not sine qua non. The debt could be proved by other evidences also.
Arun Kumar Bhagat (Expert) 27 November 2010
You have to rebut the presumption u/s 139 NI ACT. You prove how the complainant got the cheque. For non-production of Bill, chances of acquittal is very difficlt.
adv. rajeev ( rajoo ) (Expert) 27 November 2010
When it is commercial transaction it is the duty of the complainant to produce bills, account books etc.,before the court to prove the transaction otherwise it is good case for you. Cross examination is very important.
s.subramanian (Expert) 27 November 2010
yes
Advocate. Arunagiri (Expert) 27 November 2010
I agree with Mr.Rajoo.
Ajay Bansal (Expert) 27 November 2010
DO
Advocate Bhartesh goyal (Expert) 27 November 2010
I also agree with Adv Rajeev
SANJAY GUPTA (Expert) 27 November 2010
as per section 139 n.i.act the accused person has to rebutt the presumption for issuing the cheques and in default the complainant get the benefit of that.
Raj Kumar Makkad (Expert) 27 November 2010
I do agree with Rajoo


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