FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NOTTAM VENKATASAMY (Director Nottam Law Associates)     08 December 2010

138 matter

i filed case before jm but i lost original cheque what can i do



Learning

 11 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     08 December 2010

FORGET ABOUT NI ACT 138. SEARCH FOR ANOTHER ACT.

vinod bansal (lawyer)     08 December 2010

you mean,Without original cheque placing on complaint you filed complaint  only with xerox of cheque in court.Plz clear me.

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 December 2010

That is the only evidence and backbone of your case. 

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 December 2010

That is the only evidence and backbone of your case. 

Jithendra.H.J (Lawyer)     09 December 2010

Dont worry your case is maintainalbe


(Guest)

If you lost then forget about complain but dont tell to accused.

If you allready file 138 and afterthat cheque lost dont worry just tell to accused that he want to comprimise otherwise if he run the case conviction may be possible and if he say yes then tell him to give money by way of a cheque and if he gave to you then your problem solved.

N.K.Assumi (Advocate)     09 December 2010

Section 69 of the Bills of Exchange act 1882  provide the Holder's right to duplicate of lost bill and if the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so according to law.

V.S.Rajaram (Advocate)     09 December 2010

NO problem, you give a letter to the concerned bank manager regarding an authenticated details of the cheque no, date and the person gave u the cheque. With that authenticated details you can proceed the case further.

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 December 2010

Is the duplicate copy will be treated as evidence?

N.K.Assumi (Advocate)     10 December 2010

Ganesan, I am of the view that Evidence Act provides a way in such cases with seconndary Evidence.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 December 2010

NO SIR NO SOLUTION.

YES YOU CAN TAKE HELP OF OTHER ACTS FOR CIVIL LITIGATION AS SUGGESTED BY MR REDDY ABOVE.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query