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Jasvinder   13 March 2024

Document filed with affidavit in cheif not exhibited other than original cheque, memo,notice,postal

In short i filed a case of 138 ni act and court took cognizance and at time of filing complaint I filed original cheque, insufficient fund memo, notice of my advocate, postal receipt and return envelope as accused return the notice.

Accused appeared got bail and case reached to complainant evidence.

Complainant filed evidence via affidavit and filed some account papers, auditor report and statement of account of accused in support of  his case in cheif and he exhibited cheque .memo . Notice. Postal receipt and return envelope  but complainant didn't put  exhibit on this papers which was all photostate. Now I want to know as these supporting papers were photostate and is additional evidence will court consider the same or this lacuna remains against complainant case. Pls guide anyone l.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

The photostat copies cannt be marked as an exhibit unless it has been compared with the original at the discretion of court.

If it is not marked as an exhibit then the party relying upon it cannot present his argument based on the document which has not been marked as exhibit

Advocate Bhartesh goyal (advocate)     14 March 2024

Photo stat copies of documents can not be nether exhibited nor considered by court. Either submit original or duly certified copies of documents for admissible in evidence. 

Jasvinder   14 March 2024

Sir but I had pleaded in affidavit in chief that I am filing papers in support of my case but they were not exhibited.

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

By just filing the photocopies you cannot claim them as exhibits. 

It should have been marked at the time of chief examination,  if not then you can ask the reasons that why you were not permitted to mark them. 

You clarify this from your advocate because this is a practical situation. 

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