Querist :
Anonymous
(Querist) 08 November 2011
This query is : Resolved
An accused in a prosecution under section 138 of N.I Act case claims that he has only received blank paper in the registered cover. He in order to prove that want to exhibit the blank paper. The complainant claims that it cannot be exhibited as document since it will not fall within the the definition of document as defined in section 3 of evidence act. If not Can it be marked as material object? what will be its Evidentiary value if it is marked as material object
Guest
(Expert) 08 November 2011
118 of NI act and 114 of evidence act will come into play. You can only mark the cover and not the paper. How will you prove rebuttable presumption?
prabhakar singh
(Expert) 09 November 2011
It is the envelop in which blank paper was received should be filed and sought to be exhibited and in oral evidence it should be stated that the envelop[Ex ]was received containing a blank paper.
Shonee Kapoor
(Expert) 09 November 2011
Agreed with experts
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 09 November 2011
yes i do agree with experts suggestion
Arun Kumar Bhagat
(Expert) 10 November 2011
Blank Paper is material exhibit. Accused will not get benefit unless he proves next action which he undertook.
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