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C.Bhargava Sarma (Advocate)     11 February 2011

marking of Xerox cheque in 138 trial


I am having a case on hand.  The facts are like this.  The Counsel for complainant at the time of institution of 138 N.I. Act. case took the original cheques from the court with an endorsment that he will produce the same at the time of trial.  The counsel did not return the same to the complainant is the vertion of complainant.  He changed his advocate and the new advocate issued a legal notice to the earliyer advocate and filed a complaint to Bar Counsel.  The earlier counsel filed one memo stating the original was given to complainant and he misplaced. He filed a petition U/s 65 Evedence Act to permitt him to mark the xerox copy.  I have filed the counter and argued that original shall be filed.  The court allowed his petition and permitted to mark the xeroc.  What should I do.  Is my case is genune one. Can I win in High Court Plz guide me.  With case laws.


 6 Replies

A.VIVEK ADVOCATE (ADVOCATE)     12 February 2011


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 February 2011

even otherwise at the time of cross he has to prove cheque and even in the cross of bank you can prove it is no cheque.

C.Bhargava Sarma (Advocate)     12 February 2011

already i filed one Crl.R.C. before high court.  Now I have to argue.

Advocate B. M. (Advocate)     18 February 2011

Mr. Sharma,

In a similar case of mine regarding a core document, I filed an objection application to marking the xerox copy.

It is the duty of the complainant to prove his documents and wherever originals are reqd, he is bound to produce at time of filing his evidence itself.  that. my application was accepted in trial court and now other side has gone for revision before the sessions court.

For ur arguments, let me know what citations u r referring to. Shobha Rani case is the most imp in this circumstances. u can take the stand that lacuna cannot be allowed to be filled up after the stage for the procedure is over.

let me know ur progress pl. we r both in same boat. All the best.

Advocate Anuj Anand (Advocate)     09 March 2011

go through RCR (criminal) 2009-2010 you will find the answer to it in your favour. I head read it but dont remember the excat Volume

Bharath.T. (Criminial And Civil)     11 March 2011

Even i was once in the same situation where the Certified copy of the high court was not accepted by the court, therefore i had to file a petition u/s 63 and 65 of the evidence act and had it allowed after arguments.

Kindly, give me an updated details as far as your case is concerned.

I think a mere xerox should not be accepted at any cost. A Certified Copy can be taken into consideration.


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