Querist :
Anonymous
(Querist) 01 October 2010
This query is : Resolved
Hello, 1.Can an accused request the court to give the phoyo scan copy of the cheque in question. 2.In my case Cheque is materially altered. how to find out?
R.Ramachandran
(Expert) 01 October 2010
In fact such a document would have been given to you along with the petition u/s. 138 N.I.Act. In case it was not given, certainly you can ask for the sake.
Point No.2 is not clear.
In point 2, do you want to definitely say that the cheque has been materially altered? (If according to you the cheque has been materially altered, than in what sense?)
Or do you want to say that only on receiving the photocopy / scanned copy of the cheque in question it will be possible for you to determine whether the cheque has been materially altered or not?
Please clarify.
Arvind Singh Chauhan
(Expert) 01 October 2010
Complainant is bound to provide you the photocopy. Or you can aplly for the copy to court.
s.subramanian
(Expert) 01 October 2010
If you want to prove the material alteration file a petition under Sec,45 of the Indian Evidence ACt to send the original cheque to an expert for examination.
R.Ranganathan
(Expert) 01 October 2010
You can get copies from the court. Further if there is material alteration then you can ask the court to send it for an expert opinion as stated by Mr. S.Subramanian.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 October 2010
Why copies from court , it is the duty of the complainant to supply copies otherwise the case can not proceed further.
M.P.KRISHNAIAH
(Expert) 03 October 2010
Accused has every right to have the complaint along with documents filed by the complainant.if not you can file a copy application in the court and can get them .if you noticed the material alteration ,you can file a petition for expert opinion U/S 45 of the INDIAN EVIDENCE Act.
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