Negotiable instruments act sec.138
Sudhakar
(Querist) 03 December 2013
This query is : Resolved
Sir,
My wife is compliant and her resident known person is Accused, Present status of our case is at evidence stage, here we have a problem of original documents, case first one lawyer who was filed the case is died by cancer recently, we surrounded all original documents to him, presently those not traced out, Xerox of all original documents of check, bank return receipt, legal notice etc..all are in the court file. My lawyer is told without original case will be closed.
So can you any one please suggest how to proceed our case, because the amount is big approximately, Rs. 3,16,000/-
BAALASUBRAMANNYAMM
(Expert) 03 December 2013
Generally, at the time of filing of a case u/s138, the court accepted to receive xerox copies of all the documents and verified with the originals and made an endorsement on the xerox copies as "Verified" by the court's superintendent. If you have such verification made on the xerox copies, you can request the court, to accept. But it is essential to mark the original documents as exhibits during the course of trail.
Rajendra K Goyal
(Expert) 03 December 2013
These days in some cities Cheque truncation system exists. The image of all the cheques presented in clearing are preserved by the Banks.
You can try to convince court by taking a certified copy of the cheque from the Bank and also get it verified through evidence of the Banker.
Sudhakar
(Querist) 04 December 2013
Thank you very much for all experts
