shamina sayed (Advocate) 06 January 2010

138 matter

Dear all advocates,

i have a 138 matter in which i am appearing for the complainant.not just before the time of filing evidence,my client lost the original cheque,return memo,also copy of advocates notice,along with postal unclaimed envelopes of notice.then we registered in missing property register in police staion.however i filed my evidence along with two other original documents relevent to transaction.i filed the evidence and mentioned to consider the xerox copies of the lost documents as "Article" and not as "Exhibits".pls tell me how should i proove the documents and lead the evidence?pls suggest. very urgent.

Reply Follow

4 Replies

Devajyoti Barman (Advocate) 06 January 2010

A careful study of Sec 63 and 65 of the Evidence Act is sufficient to resolve your query. There is no problem. Simply ask the Bank official to depose and they would confirm the transaction through cheque.The situation would further improve if the accused person does not dispute the existence of the said cheque either.

Good luck.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 06 January 2010

your case is very weak if other side stand on the INSTRUMENT i.e CHEQUE it self is not presented as evidence.

shamina sayed (Advocate) 06 January 2010

dear,

thanks so much.

sinuvasu (advisor) 07 January 2010

in fact the record of bank transaction is sufficient apart from the F.I.R registered related to the missing of original documents..you have to establish that the particular no.of cheque of particular person was dishonoured.

best of luck