138 of nia
aarjun vhajage
(Querist) 04 May 2014
This query is : Resolved
I filed a complaint of my client under 138 NIA. Chief and cross is over of complainant. Now I came to know that, original receipt and acknowledgement of demand notice, which was signed my accused, is lost/misplaced from the documents. It was original copies. Which was not exhibited. But at the time of filing the case, in list of documents, it is mentioned in the list. And in the examination in chief and in evidence affidavit I requested to court to exhibit it. But court didnt exhibited it that time. Now on this stage, I made the application to recover the concerned receipts by the staff who handling the documents if misplaced somewhere. The documents were in the custody of court. But court ordered that, receipts are important and to make it avail by complainant. Except this receipts I cant prove limitations. I know, when opposite party came to know that receipts are not exhibited and question of limitation will be arise. They disappeared it. What can i do know? Is the any citation or any procedure to read it in evidence if it is disappeared from the documents?
Uday Kumar
(Expert) 04 May 2014
Hello Sir,
If you are holding even Photo Copy of the postal receipt then pls approach post office and speak to the the postmaster and get a certificate with even delivery date of the notice, normally postmaster cooperate however if you find any issue or difficulty then get the Postmaster summoned through Court to bring the record of such receipt and depose about the same.
Regards
advudaykumnar@gmail.com
ajay sethi
(Expert) 04 May 2014
agree with uday kumar
aarjun vhajage
(Querist) 04 May 2014
Respected Uday Kumar sir, thank you so much for your advice. It will really helpful to me. Because case on the turning point. Thank again for your valuable advice.
Uday Kumar
(Expert) 04 May 2014
Dear Aarjin Ji
No question of thanks we are here to assist to each other with the best of our ability.
All the best for your case
Thanks and Regards
advudaykumar@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 May 2014
Unless you can prove that you had submitted the documents along with the complaint than only you can seek secondary evidence otherwise not.
You must always remember that there is other side and they will take full advantage of your lapses.
Again sending of notice is complex issue of fact and law. If there is no proper pleading in the complaint that who sent the notice , when it was sent and specific details of regd no and date than even summoning the post master will not help since they never maintain specific records.
aarjun vhajage
(Querist) 04 May 2014
Yes Sir, advocate defendse. Thank you.
Rajendra K Goyal
(Expert) 04 May 2014
date and proof of delivery of speed post / registered letters can be downloaded from net. try if available in your case on net submit along with photocopies available with you if any.
Raj Kumar Makkad
(Expert) 04 May 2014
I do agree with the experts hence no more to add.
aarjun vhajage
(Querist) 05 May 2014
Yes. I am trying to get it online. Thank you Goyal sir.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
You said that the chief and cross examination is over, whether this issue was raised by the opposite counsel during the cross examination? What was the grounds pleaded in the main petition/complaint?, whether the limitation was pleaded in the complaint? Further, it becomes the responsibility of the court to have proper custody of the documents, since you have already mentioned about the documents in the list of documents enclosed with the complaint, if need be, on being permitted by court, you may mark the photo copies of the lost document in your possession as your side exhibits. Also, you may follow the other suggestions too if it is feasible.
aarjun vhajage
(Querist) 07 May 2014
T. Kalaiselvan sir, Yes. Opposite party raised this point in cross. I gave an application to court if it is misplaced by any of the staffs. But court ordered, original copy of of acknowledgement and xerox copy of receipt is required. There was no question of limitation. It is just raised when they and I came to know that there are not acknowledgment& receipt there. These documents are attached at the time of filing the complainant. But these were not exhibited.
V R SHROFF
(Expert) 07 May 2014
Xerox submitted must have been attested by Suptd. of Court.
There were no chances that is is missing from Court.
On that basis, you can apply to accept secondary evidences.
It is surprising that Originals were not submitted with Claim Affidavit; so matter is not clear.
Defence can take full advantage of it.
If during cross exam of compl, it came on records, of orig receipt, it is enough.
