Civil Procedure Code (CPC)

138 cheque bounce notice-photo copy of notice is admissible?

Junior Lawyer

Dear Sir/Madam,

I submitted photo copy of 138(cheque bounce) notice to the complaint, cross examination also is over. The fact is that notice was issued by me and was received by the accused has been admitted by the accuses in his reply notice.

 

Let me know whether photo copy of notice produced by me is admissible in evidence in the court of law? And Let me know any authorities are held in this issue.   

 

early advise shall be appreciated in advance.

YOURS

LAWYER GANESH MALUR  

 

 
Reply   
 
Asst, Manager-Legal

Dear Gagnesh,

Good some time solving technical questions will be interesting.  

I think your case cannot be dismissed or rejected on this ground is alone. Since accused himself only admitted the service of notice and there is no dispute from accused on the photo copy of notice produced by you in the complaint.

All are you will have to do is that “where service of notice and acceptance of notice will be established then complaint is not defective or imperfect on this point”.

For this issue judgments may not be required in my view.

 

Regards

 

BASAVARAJ.R

 
Reply   
 


LAWYER IN JAIPUR

No photocopy itself not admissible in evidence.

If this copy is office copy than you must take help of section 65 of evidence act.

You must pray to the court for leave to prove that photo copy by way of secondary evidence.\

And also you must file and prove postal receipt and Acknowledgement slip.

 
Reply   
 
ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com

For not practicing persons otherwise learned persons the theory does not work in practice.  Mr Soni has given the correct postion.

The reply of notice to you and not in the court so unless it is proved by you it has no legal value in the eyes of law.

 
Reply   
 
future lawyer

Hello WE FOR YOU, I thnk ur not a legal person. I'm observing your feed back in this fourm. Every time you will be finding others mistaks or countering fasly. One more think is that on this platform yo are marking nothing but adverstiment.

In 10 group lawyers 10 different opinion will be there, but yours is totally differnt. I recamond that you are not a legal quifiy person you need to have a written examination

 
Reply   
 
Advocate

Initially photocopies are admitted and only MARK is given to them and exhibit Nos. When the case comes to the evidence stage, one needs to produce the original or give application to the Hon. Court to call for the original document from the authority in whose possession such documents lie.

 
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Advocate

Written reply itself is an evidence of admission of the offence and so why your say it has no legal value?

 
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Junior Lawyer

Basavaraj thank for your opin.

 
Reply   
 
Junior Lawyer

soni thanks for your opni.

 
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