Complaint u/s 138 of negotiable instrument act

lovneet (Querist) 19 November 2012 This query is : Resolved
specific date of payment made to accused must be written in the pleadings of complaint. plz provide the case law in this regard

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V R SHROFF (Expert) 19 November 2012
specific date of payment made to accused must be written in the pleadings of complaint.

NO: IT IS NOT NECESSARY.

If accused deny receiving amount, Complainant need to give evidence with date, witnesses, reason for giving, mode of payment, if cash, from where u got? bank transaction & all.

Advocate Bhartesh goyal (Expert) 19 November 2012
No,it is not essential to mention the date on which payment was made to accused in complaint but complainant has to prove the same by cogent evidence.