Negotiable Instrument Act 138
Advocate Umesh
(Querist) 31 July 2011
This query is : Resolved
In a case I am Advocate of an accused. complainant is a bank and filed resolution, accountant extract etc. with ferist to prove his complaint. Is it mandatory on complainant to supply the copies of accused also. If yes under what sec. of CrPC or NI Act. pl.guide. thank you all my friends.
M/s. Y-not legal services
(Expert) 01 August 2011
Under section 208 of cr.p.c the copies of the prosecution case's should be given to the accused..
M/s. Y-not legal services
(Expert) 01 August 2011
Without issue copies to the accused, section 313 of cr.p.c proceedings can't be proceed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 August 2011
Yes a tricky question but even if no specific provision for summons cases still you have to supply copies of all the documents and on this point alone accused can go to revision for dismissal of complaint.
we face this problem in every NI 138 case and as a rule we not only seek copies but actual copies. There is lot of nasty possibilities against the complainant on this count alone.
Jainodin shaikh
(Expert) 02 August 2011
If plea is not recorded; accused is requires to answer "NO" to the question ask by magistrate, that do you got the copies of the matter?
In this situation the matter can never proceed further unless and until all copies are provided to the accused! No need find legal provisions each and every time, let yhe magistrate use his/her brain!!!
Arun Kumar Bhagat
(Expert) 08 August 2011
Mr. Tom. Advocate before giving answer make yourself sure. Section 208 is applicable in sessions trial case. Question here pertains to N.I.Act. There is no necessity to give answers to each and every query. Querist put their query with the hope to get relief not to get misguided. We should not make ourselves a material to be ridiculed.The complainant has to supply copy of petition and annexures relied if any to the accused alongwith the summons.
