(Guest)

Filing of complaint u/s 138 of negotiable instrument act

My question is :

Why it is not made mandatory to produce the following supporting documents at the time of filing a Complaint under Section 138 and 142 ;

1. Copy of the agreement entered into between the Complainant and Accused or employee for granting loan or availing services.

2. Copy of any other Memorandum of Understanding which depict that the Cheque was given only for discharge of certain liability

3. Copy of Application made by the employee (in case of loan given to employee to an employer)

I think, if the above documents are made mandatory for filing a suit u/s/ 138, it will facilitate the court to decide whether the case is maintainable or not before the law.

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 May 2017

The complainant will file the affidavit for his evidence with all original documents in support of his complaint. This is called exam in chief of complainant.Then accused/his advocate will cross examine the complainant.

SOLOMON.RAJ (advocate/director) 10 May 2017

Dear Arun , There is no bar in the court's for not filing the above documents when filing a complaint under section 138 Of NI Act. The complainant is at liberty to file the said documentary evidence while filing his chief.( please refer to the act). Solomon Raj L.L.M.( Crimes & Torts ) Advocate, High Court Of A.P. , India Attorney/Consultant, Director, Justice League, Indian Ombudsman U.E.(U.S.A.) BHARAT GAURAV SAMMAN AWARDEE Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad. Vice Chairman, 37th U.C.C. ( T.S.), National Vice president, All India Christian’s Council, Legal Chairman, All India Christian’s Council, Legal Convenor, Y.S. Raj Shekar reddy Congress Party, Lok Adalat Member, A.P.( Ex) Hon'ry Advisor, St.Joseph's School, Television Speaker & Theologist, Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). Ph:+91-9866545086, E-mail: rajcarey@yahoo.com ______________________________ ______________________________ _______________

SOLOMON.RAJ (advocate/director) 10 May 2017

ear Arun , There is no bar in the court's for not filing the above documents when filing a complaint under section 138 Of NI Act. The complainant is at liberty to file the said documentary evidence while filing his chief.( please refer to the act).

Solomon Raj

L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)

BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.

Vice Chairman, 37th U.C.C. ( T.S.),
National Vice president, All India Christian’s Council,

Legal Chairman, All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,

Lok Adalat Member, A.P.( Ex)

Hon'ry Advisor, St.Joseph's School,

Television Speaker & Theologist,

Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh).
Ph:+91-9866545086,

E-mail: rajcarey@yahoo.com

______________________________ ______________________________ _______________

(Guest)

Thank you Sir for your valuable clarification on the subject.

My question was "Why is it not made mandatory by LAW to file .......... at the time of filing a complaint suit u/s 138?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 13 May 2017

There is no question of making anything mandatory here. It is for the Complainant in his own interest to file all evidences in his favour. If he does not file he may lose the case. The Accused can always demand 'where is the evidence?'

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