Negotiable Act.
Alluri Sivaji Raju
(Querist) 24 August 2008
This query is : Resolved
REspected Seniors,
The complainant filed a complaint under sEction 138 and 142 of N.I.Act. Originally Accused borrowed amount and executed a promissory note later on he issued a cheque towards part payment of the said promissory note.
Basing on the said filed a complaint. At the time of filing complaint complainant filed the xerox copy of the said promissory note along with complainant with a view to file a civil suit for recovery of the said promissory note amount.
Subsequently the complainant lost his promissory note which was executed by the accused. Now the case was posted for trial.
Now what are remedies to the complainant to prove his debt. i.e. Lagally recoverable debt. Please advise me.
Srinivas.B.S.S.T
(Expert) 24 August 2008
Let the complainant file a case with local police intimating the loss of P-note and obtain a not-traceable certificate. By the way in which mode the complainant lent the amount to the accused? has he given cash or by way a crossed cheque in favor of the accused?
KANDE VENKATESH GUPTA
(Expert) 24 August 2008
You can file an application before the criminal court seeking permission of the court to adduce secondary evidence u/s 65(c) of the Indian Evidence Act bringing all the facts in the affidavit filed in support of the application. The court will permit you to lead secondary evidence. Mere marking of the document is not the sufficienit proof, but the same is subject to proof and relevancy. It is better for you to examine the attestors to the promissory note for proving the promissory note beyond doubt.
