Whether suit on behalf of certified copy is maintainable

Vishal jain (Querist) 14 April 2023 This query is : Resolved
hello

whether suit U/o 37 for recovery of money is maintainable on behalf of certified copies of cheque...as cheque was being filed in some other court.

plz quote judgement...

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A suit for money recovery based on a certified copy of a cheque is generally maintainable. However, the original cheque must be produced in court for comparison during the evidence stage. This may involve obtaining the original from the court where it was filed and potentially calling a court official as a witness to attest to the certified copy's authenticity.

Advocate Bhartesh goyal (Expert) 15 April 2023
Yes, on basis of certified copy of cheque suit is maintainable but at the time of evidence original cheque has to be called from other court case file.

P. Venu (Expert) 15 April 2023
What are the facts? What is the context?
Please post facts, not riddles.

T. Kalaiselvan, Advocate (Expert) 15 April 2023
Yes the suit is maintainable if the certified copy of the cheque has been obtained from another court at the time of filing the case.
However at the time of marking the documents the bench clerk or the superintendent of that court has to be roped in as witness to adduce evidence regarding correctness of the certified copy of the cheque by bringing the original cheque to the trial court for comparison.

Vishal jain (Querist) 17 April 2023
any judgment on this point... if possible share

kavksatyanarayana (Expert) 17 April 2023
Try in court........................................................

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