Loss of original cheque
Amar
(Querist) 23 November 2015
This query is : Resolved
Dear Sir,
I am a complainant in two N.I.Act case on same party, cheque is return by bank on ground of 1 of insufficient fund(Axix) and 2nd of account closed(Icici) and I lost original cheque after filling the case, verification and summing order to accused.At the time of verification magistrate saw original cheque and return us. Accused appeared and after appearance at the time of filling affidavit under sec.145 original cheque is misplaced by us than I filled affidavit with photocopy of cheque. it is acceptable or not??? Please help us give some supportive judgment in favor of me.
P. Venu
(Expert) 24 November 2015
What is the advice of your advocate?
Amar
(Querist) 24 November 2015
Dear Venu Sir, Our advocate 40:60 ratio, he say after argument total dependency on magistrate.
K.S.Srinivas
(Expert) 24 November 2015
In the recent judgement, the Kerala High Court ruled that the cheque reported lost will not attract the provisions of section 138 of N.I.Act.
Amar
(Querist) 26 November 2015
Dear srinivas Sir,
where can i found that judgement? please send detail.
In kerla high court judgment [K. Sadanandan Vs. V.S. Satheesh Kumar] that refusal on the part of the bank to honour the cheque on the ground of “cheque reported lost” would not bring the matter within the mischief of the provisions of S.138 of the Act.
In above judgment cheque is lost by drawer and cheque return by bank on ground of "cheque reported lost" but in my case cheque lost by us. (detail in our 1st query).
T. Kalaiselvan, Advocate
(Expert) 02 December 2015
Since the court has already seen the cheque and has accepted the photo copy of the cheque while taking he case on file, this will be a supporting stand on your side to prove the cheque bounce case without presenting the original cheque, however it depends on the discretion of the magistrate conducting trial in the case.
V R SHROFF
(Expert) 02 December 2015
SECONDARY EVIDENCE ARE ALLOWED, IF YOU SATISFY THE COURT WHY ORIGINAL CHEQUE CANNOT BE PRODUCED..
