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Gaurav Singh (Advocate)     31 July 2010

138 NI Act

Have to file a case under section 138 NI Act, but original cheque returned by Bank with the explanatory slip of bank is lost however, a scan copy is there.  Is it necessary to file the original bank receipt with cheque in 138 case? if yes than what is the remedy in law when the original cheque is lost?



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 6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     31 July 2010

No cheque no case, it is the piller for building to stand.

Satyaprakash Sharma (Advocate & Legal Consultant)     31 July 2010

Apply court to aspect secondary evidence of cheque, citing reason and circumstances of loss of original cheque and time and manner in which the cheque cheque was scanned and certificate by the person who performed scanning and that scan copy is genuine.

Satyaprakash Sharma (Advocate & Legal Consultant)     31 July 2010

Apply court to accept secondary evidence of cheque, citing reason and circumstances of loss of original cheque and time and manner in which the cheque cheque was scanned and certificate by the person who performed scanning and that scan copy is genuine.

hanush jindal (advocate)     31 July 2010

if thier are two partner in firm out of which one partner leave but he hav cheque of partnership firm and he already took his shareand firm was held by other partner.thn if he can use the same cheque which was in his possession before disolation of firm.wat was remdy avalable to the other partner if he file the case u/s138 by using that chaques which was left in his possesssion before dissolation.

Gaurang S. Rangunwala (Advocate)     02 August 2010

I think you should follow Mr. Satyapakash Sharma's Sugessation, it may be possible that court may consider your secondary evidence. You must try it.

Gaurang S. Rangunwala (Advocate)     02 August 2010

You can also approach to bank, the bank would give your bounced cheque's scned copy with certificate.
 


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