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Anil Agrawal (Retired)     30 October 2008

NI Act

The Madurai Bench of Madras High Court had opined that every complaint under the NI Act in cheque bouncing case must be accompanied by an affidavit giving facts of the case binding the complainant and that the complaint only was not sufficient. Is it applicable all over India? If no affidavit is attached with the complaint, what happens? Solmenly affirming is different that a regular affidavit.


 2 Replies

N.K.Assumi (Advocate)     31 October 2008

No doubt, the High Court has power for such direction, but I dont see any mandate for affidavit with the complaint, as filling complaint and giving evidence are two different things and even evidence on affidavit may or may not be accepted by the Court.

Akhilesh Maurya (Private legal practice)     01 November 2008

According to the  foundings of Hon'ble High Courts of different States almost all the complaint under various Act when filed in the respective Courts must accompanied with affidavit relating to the case is only to prove that the compainent is genuine and he is well acquainted with all facts and circumstances of the case.

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