Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 14 October 2011
Dear Friend
the query is if any one issued a cheque and the same has bounce due to insufficiency of fund and the otherparty file a criminal complaint u/s 138 N I Act can he file a summery suit u/o 37 Cpc without the original Cheque or not, if yes what is the procedure and what's documents are required to file with the suit.
if nay judgement regarding this matter then plese refer to me
thanks in advance
ajay sethi (lawyer) 14 October 2011
yes he cna file a summary suit too . at the time of filing of summary suit you dont need original documents . you can enclose xerox copies .you have to file all supporting documents that in your opinion prove your case .
you dont need judgements for this
Vipin Kumar Marya (Advocate) 14 October 2011
Yes the person can file a summery suit U/o 37 CPC as both the remidy are of seperate nature (Criminal & Civil)
If person requires, then he can file a certified copy taken of the Cheque from the criminal file and it will hold as good as the original, as it is a certified copy from the court records.
Regards
Vipin Marya
kranthi (retainer advocate) 14 October 2011
U can take the certified copies of necessary documents and file the case
Advocate Bhartesh goyal (advocate) 15 October 2011
Yes summary suit can be filrd with the certified copes of relevant documents.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 15 October 2011
thanks all of you
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