138 complaint

S.D. Singh (Querist) 18 October 2015 This query is : Resolved
Whether original cheque after verification by the court and after the issue of summoning order be taken back by complainant.

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Anirudh (Expert) 19 October 2015
No. It will remain in the record of the Court. In any case, why do you want it back?

Sudhir Kumar, Advocate Online

(Expert) 19 October 2015
Please give facts of the case.

V R SHROFF (Expert) 19 October 2015
for issue of summon/ process, Magistrate will look at the ORIGINAL CHEQUE, AND RETURN IT TO COMPLAINANT RETAINING THE COPY DULY SIGNED BY COURT OFFICIO.

COURT WILL NOT KEEP IT IN IT'S RECORD.

ONLY WHEN COMPLAINANT FILED HIS CLAIM AFFIDAVIT IN EVIDENCE AND PRODUCE ORIGINAL CHEQUE AS DOCUMENT ,[ Exhibited with Number ] THAT COURT WILL KEEP IT TILL FURTHER ORDER.
[certainly not at stage of issue of summon. ]

Rajendra K Goyal (Expert) 19 October 2015
It has to be submitted to the court, what are the reasons to take it back.

S.D. Singh (Querist) 19 October 2015
For safety purpose. Let it be not misplaced from court record.

K.S.Srinivas (Expert) 20 October 2015
Agreed with Sri Rajendra K Goyal.

SAINATH DEVALLA (Expert) 20 October 2015
I sail with the views of Adv Anirudh and Adv Goyal.The cheque which is the backbone of the entire case,has to be in the case records, as long as the records exist,i.e (RIGHT TILL THE APPEAL IN THE SUPREME COURT).

S.D. Singh (Querist) 20 October 2015
Thanx experts

T. Kalaiselvan, Advocate (Expert) 23 October 2015
You can get a certified photocopy of the documents and secure them in your custody if you apprehend the safety issues of the records in court.

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