Zerox copy as secondary evidence
Rucha Pawar
(Querist) 05 March 2014
This query is : Resolved
dear sir's
are xerox copies of the cheques be admissible as secondary evidence in the court , they are not traceable inspite of several attempts, we have also lodge a complaint . our 138 case is pending for hearing , can you plz provide case laws to support the same.
Sir thanks for replies..
we have already filed fir for lost of cheques, at the time of filing of the case under section 138 original cheques were there in our custody but during shifting of the office they were lost.
Now we have file interim application for accepting xerox copies as secondary evidence, but defendant took stand of not filing affidavit of evidence alongwith the application (our director was in mumbai at the time of filing of application)
as per section 65 of evidence act zerox copies can be treated as secondary evidence if is lost and will be not in condition to trace.
plz guide me sir's
thanks .
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
In 138 NI act cases, original cheques are to be filed, photo copy will not be accepted by the court.
Nadeem Qureshi
(Expert) 06 March 2014
in which case you need to file a photocopy of cheque?
Rajendra K Goyal
(Expert) 06 March 2014
Citation not provided in this section. Search indiankanoon.com.
R.K Nanda
(Expert) 06 March 2014
first lodge FIR about lost cheques.
Advocate Ravinder
(Expert) 22 January 2015
I have a similar case. I request the experts to comment on this querry. It is urgent.
Guest
(Expert) 22 January 2015
Expert Mr R.K.Nanda had Provided a Practical Solution Basing on which Sec 138 N.I.Could be initiated along with FIR and Banker's Documentary Evidences regard to Cheque Bounce.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 January 2015
First of all photo copies are not allowed at any stage in cheque cases. The stand of the accused is perfect that the originals must have been filed along with complaint.
Even read the provisions of evidence act and judgments on it properly.
You have to produce a witness who had seen the originals and made copies from it and the copies submitted are the same.And this witness has to stand and face the cross of the opponent.
Rucha Pawar
(Querist) 22 January 2015
Dear Sir(s),
Thanks for your valuable reply.
I want to add to the query that i have filed FIR immediately after the information of lost, the cheques were lost in between the proceedings of case, at the filing time they were in our custody, now plz provide me case law if any in support of the case .
