138 NI

padmarao (Querist) 05 February 2011 This query is : Resolved
I have filed a complaint u/s 138 NI.I signed on verification also.Do I still need to file affidavit?In what way the complaint is different from Affidavit?
regards
padmarao

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adv. rajeev ( rajoo ) (Expert) 05 February 2011
You need not to file an affidavit when there is a verification in the complaint.
it can be filed instead of the sworn statement and chief examination

Kirti Kar Tripathi (Expert) 05 February 2011
It is always better to file affidavit in support of pleadings.

Amit Minocha (Expert) 05 February 2011
its better to file the same , it would be of no harm if you file so.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 February 2011
Complaint is defferent and verification is later stage.

vijayan (Expert) 06 February 2011
In criminal matters, complaint need not be accompanied with verification, because before taking cognizance in private complaints there should be a sworn statement. An affidavit is attached with solemn affirmation, and it is equal to sworn statement.So in some cases an affidavit is sufficient in place of sworn statement. (Eg.138 of NI act.). A complaint is containing only a signature of the complainant and even though there is verification , it is not an affirmation or sworn statement.
So, for taking cognizance in the matter of 138 of NI act, you should file an affidavit in consistent with complaint or you should give statement before the court on oath.( sworn statement).I think, the view of Mr.Rajiv is incorrect.

padmarao (Querist) 06 February 2011
Thanks to all especially vijayan sir

Sachin Bhatia (Expert) 07 February 2011
It is always better to file affidavit in support of pleadings.

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