negotiable instrument act OFFICE COPY LOST
modassir nasim
(Querist) 29 August 2010
This query is : Resolved
1)IF THE NOTICE OF 138 (OFFICE COPY) IS LOST BY THE LAWYERS ASSISTANT WILL THE OPPISITE PARTY WIN THE CASE ONLY ON THIS GROUND?
2)THE ASSISTANT OF THE LAWYER IS ALSO CONFUSED THAT WHETHER HE HAS SENT THE OFFICE COPY OF THE NOTICE TO THE ACCUSED WHILE SENDING THE SUMMON ALONG WITH THE XEROX OF COMPLAINT PETITION.WILL THE ACCUSED WIN THE CASE IF HE HAS GOT THE OFFICE COPY OF THE NOTICE .
3)THOUGH THE LAWYER HAS THE XEROX OF THE OFFICE COPY OF THE NOTICE IN HIS FILE.
Adv ramesh chheda
(Expert) 30 August 2010
no. Reasons as original copy is always sent to the accused so it always remained in his custody. u can produce carbon copy or other copy of the notice which can be prepared any time and obtain signature of advocate on it.
as about postal documents, if there is no denial of the accused, then there is no reasons for u to prove that. or u can get it prove through postal department also.
and it is intimation to be given as about returning of the cheque so if the intimation is sent and is in writting that is sufficient even if there is no signature on it.
the purpose of the notice is to make him aware about returning of cheque and to give him further oppurtunity to make payment against the returned cheque.
s.subramanian
(Expert) 30 August 2010
If you have proof of service of the statutory notice on the acused it is enough. The contents of the notice sent by you can be proved by producing the xerox copy of the office copy stating that the ofice copy has been misplaced or lost. It does not matter much. Good Luck.
adv. rajeev ( rajoo )
(Expert) 30 August 2010
At least you could have produced the postal acknowledgement with the xerox copy of the complaint by signing it as T/C.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 August 2010
Unless you can prove that exact copy of the notice sent is produced in the complain no chance to win.
All HC has in a judgment has said that if the office copy is not the carbon copy of the original notice it can not be admitted as evidence.
Mr Moddasir Nasim , it is easy for any accused to win a NI 138 case since the complainant makes mistakes in over confidence.
