Ni 138

CreateGoodwill (Querist) 29 October 2012 This query is : Resolved
Dear Sir,

two chq returns of my customer, but the return chqs are misplaced in my office.

i have already sent the NI notice on basis of Bank statement.

can i file legal case on basis of Bank statement duly acknowledge by the Bank.

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R.K Nanda (Expert) 29 October 2012
no, u cannot file case.

Arvind Singh Chauhan (Expert) 29 October 2012
If you have photo copy it may help you.

Sailesh Kumar Shah (Expert) 29 October 2012
search originals cheques to file case.

Guest (Expert) 29 October 2012
No case without base and proof.

CreateGoodwill (Querist) 29 October 2012
I am having the photocopy of chqs.

in bank statement bank has mentioned " returns against exceeds arrangemeent"

Arvind Singh Chauhan (Expert) 29 October 2012
If you have photo copy take recourse of following case law-

Magistrate permitted to file photocopy of the cheque- original was lost from the custody of complainant later – magistrate dropped the proceeding – order of magistrate to drop the proceeding not justified- complainant ought to have been given opportunity to adduce secondary evidence under 65 of evidence act- A.C.C.-2005-Vol-52-Sum-Page-7-Kerla-H.C.

Chitranjan V/S jayranjan- Cr.Re petition No. 1043-1044 of 1994, Decided on 17 Jan 2003-Kerla

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