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RADHADEVI.S (ADVOCATE, HIGH COURT)     25 October 2010

notice u/s 138 copy missed

Notice given to party U/S 138 by my Advocate, copy of notice by my Advocate was lost but having the Acknowledgement. what to do please give me an idea.

swaminathan



Learning

 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     25 October 2010

Copy of the notice can re-prepared as you might have postal receipt with you and you have already acknowledgement with you which shall complete the chain. Otherwise also a presumption is attached with the AD so go ahead as suggested.

Sarvesh Kumar Sharma Advocate (Advocacy)     26 October 2010

yes,

Copy of the notice can re-prepared .

however as per act -

 provided

 to serve the notice ,

in which prove u have acknowledgement .

but notice copy is not nessecity part.

file acknowledgement.

 

vijay (Advocate)     26 October 2010

Yes, I do agree with the experts. acknowledgment is sufficient to prove the case of the complainant, one thing is important that there must be signature of the accused on the acknowledgment. Copy can be re-printed as office copy.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 November 2010

No sir no solution for such problems . If your prepare duplicate notice perjurty procedings will be slapped.

Adv.Husain (Advocate)     16 November 2010

sashikumar sir can you please put more lights on ur avertments...wat if notice sent to accused is recived by accused and the xerox copy of the original copy is filed in suit....on record of evidence and exhibiting document office copy was filed in court , all the contentions are same of the office copy even all the fonts are same but some contention filed like bank name , cheque no, and date are written by hand in the copy filed as xerox copy but in the office copy they are printed....can the case may affect due to this ....please give some citation to this effect

DEEPAK ASSOCIATES (08010117611)     17 November 2010

DDR in this respect be lodged in Police Department and file the copy of the same with Acknowledgement at the time of filling of case. Once case accepted and summon issued

Thereafter file an application u/s 91 CrPC to produce the same from accused.It will served the purpose and criminal procedure.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 November 2010

Irrespective various advice given above no solution . Those who have given various options please give details whether in your knowledge actions as suggested by you ,  has been sucessfully used in any case.


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