Civil Procedure Code (CPC)

Electronic evidence verification ?


Experts,

I am the complainant in cheque bounce case .I have been asked by my opponent advocate to produce the Account Books. My lawyer asks me to get Certificate from my Accountant, which is certified by Chartered Accountant.  My CA is not satisfied to sign the Certificate. He asks me "If the court summons me regarding the transactions, I am not aware so I am not right person to sign", whom do I get signature or it is not necessary. Need ur suggestions.

 

 
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LEGAL CONSULTANT

Bank account statements of the respective banks is a valid document.What are the other supportive documents other than the cheque U have submitted as evidences?

 
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I have submitted Promisory Note with witnesses Both myself and witnesses were cross examined by other side.
 
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Advocate,9444674980

Non submission of account books will not vitiate trial. You can very well refuse to submit the same.

 
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Executive

Bank statement duly signed and stamped or copy of pass book are sufficient.  These are evidences which can be placed before the court.  Certificate from Chrtered Accountant is not required.  Discuss with your advoate.

 
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Advocate

The evidence for the genuine transaction and for the consideration passed through the existing documentary evidences will be sufficient to prove your case.  If the accounts book could not produced, you may deny the court about it and provide the court with some other substantial evidences you may rely upon to prove the passing of consideration

 
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LEGAL CONSULTANT

Right conclusion by Adv Kalaiselvan

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

What is the stage of the case.

 

In a cheque case the accused has no right to seek account books of the complainant.And the complainant should not do the mistake of producing even any extract of accounts since it will open many other questions which may go against your case.

 

Request your opponent to get order from the court for production of accounts. It will not be given. If given go in revision against it but avoid producing any accounts.

 
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