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Madhu Mittal (Director)     27 March 2019

Exihibition of a document after written argument submitted u/s 314 crpc

A loan of Rs. One lac given to Mr. R repayable in instalments taking post dated cheques of instalments, in addition to this a guarantor named B also gave one guarantee agreement and two post dated cheques that if Main borrower R’s cheques dishonor, my cheques can be lodged and got repayment of loan. R’s cheques got dishonored , so cases u/s 138 N I Act was lodged against Main Borrower R. When notice issued to Guarantor revoking guarantee and afterwards guarantor cheques were lodged, they were also dishonored. so two complaints u/s 138 were lodged against guarantor also. In Ist complaint, Original guarantee agreement was given in court which was duly exhibited. In second complaint against Guarantor, even guarantee agreement’s photocopy or certified copy was not given in court, so this was not exhibited. This has come to notice or taken attention after giving written argument u/s 314 crpc in the court. What is the remedy to get certified copy of this agreement exhibited at this last stage?


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