Sec. 138 of negotiable instruments act
Adv.Vishal Anil Vyavahare
(Querist) 09 January 2013
This query is : Resolved
Hi Sir,
Good Morning.
My client lost the original Cheque after dishonour ,but having Original Memo and a letter of bank. So I just want to know that Whether case U/S.138 of NI Act can filed without Original Cheque ? As all the relevant documents is in custody of my client without Original Chequ.
Please suggest with appropriate case laws.
Thanks,
Vishal A. Vyavahare
Advocate.\
Deepak Nair
(Expert) 09 January 2013
Dear Mr. Vyavahare,
Original bounced cheque is the most essential document to be produced before court. The complaint may get dismissed at the time of verification itself for want of documents.
This is my view. Please wait for comments from the learned experts.
ajay sethi
(Expert) 09 January 2013
original cheque is must for filing complaint under section 138 NI . court generally refuses to consider complaint without original cheque .
what you can do is file an affidavit along with xerox copy of cheque and original bank retuiurn memo . the affidavit should menton crcumstances under which cheque was lost
Raj Kumar Makkad
(Expert) 09 January 2013
Your complaint is not maintainable under section 138 NI Act in any circumstances in view of the facts stated by you.
