Need Judgement-Chq Returning Memo misplaced from complainant
RAKHI BUDHIRAJA ADVOCATE
(Querist) 21 May 2009
This query is : Resolved
Dear Members,
My client had filed a complaint case u/s 138 NI Act. The cheque returning memo, for the cheque in question, had been misplaced. Now what is the remedy in favour of the complainant as the Ld. Judge demanded the Judgment in this regard. Can we take then help of the bank or not? If yes, what? Is there any judgement in this regard? If yes, plz. provide me as urgent.
Sarvesh Kumar Sharma Advocate
(Expert) 21 May 2009
best you send notice according right to informetion act.to the bank and collect the written information about that memo.
and file it.
there two stap will also help in your case i.e.-1-inform to nearest police station about misplaced memo in writen and take receiving copy.
2-filed a publice notice in a local news paper .
and then filed these all in to your complaint.
adv. rajeev ( rajoo )
(Expert) 22 May 2009
U do one thing u give a letter to the Bank to supply the copy of the book where in return of memo is mentioned and while filing the complaint u produce the letter given the bank. If bank didn't supply the copy then u call the book from the bank at the time of leading the evidence of the bank manager.
In one of my cases, complainant had misplaced the cheque returned the memo. I lead the evidence of the bank manager. There will be a entry in the book mainanted by the bank regarding the return of memo and also signature of the person who receives memo.
RAKHI BUDHIRAJA ADVOCATE
(Querist) 22 May 2009
Thanx Dear friends for ur valuable opinion. Bur the Hon'ble Court had demanded the judgement in this regard.
