Section 138 of negitiable instument act
chitvan
(Querist) 15 October 2012
This query is : Resolved
I took loan 0f Rs.1,00,000 on 6% interest per month and made an agreement and gave a repayment cheque, interest cheques plus builders booking slip of my flat as collateral security. Complainant denies having an agreement,interest cheques and security.I admitted I took loan on interest , gave repayment cheque and have the photocopy of the agreement.In sting operation I made vcd in which complaintant admitted all the things truely. What is the status of the case under negotiable instrument act(sec 138) with vcd and photocopy of agreement which I have as an evidence?
Devajyoti Barman
(Expert) 15 October 2012
Yes it can be proved as secondary evidence provided you meet the criteria of secondary evidence.
chitvan
(Querist) 15 October 2012
Since I have only vcd of poor visual quality though good audio quality and only the photocopy of agrrement and complainant has proved beyond doubt bouncing of cheque under NI ACT ,what are the chance of my conviction?
V R SHROFF
(Expert) 15 October 2012
As Complainant agreed, in vcd, if proved, you will be acquitted.
As u agree, settle the matter so no conviction.
