Section 138

sachin (Querist) 24 May 2010 This query is : Resolved
Is the photocopy of bounce cheque is valid to file case under section 138. I have misplaced the orignal intrument, but the photocopy.

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Kiran Kumar (Expert) 24 May 2010
in my opinion NO, u ll ve to produce the original.

B K Raghavendra Rao (Expert) 24 May 2010
You need to produce the original. If not the court may not take cognisance of your complaint.

Ashok Yadav (Expert) 24 May 2010
You should lodge an complaint with local police station for mispalce of the cheques,and u can file the copy of the same with your complaint. The Magistrate will take cognizence, without original cheque.
My one friend has faced similiar situation in practical, and then we used the same tric.

Virender Pankaj (Expert) 24 May 2010
I agree with Mr. Ashok.
You may also file an application u/s 65 of The Indian Evidence Act with the complaint.

PJANARDHANA REDDY (Expert) 24 May 2010
police FIR, BANK letter of bounced statement and Ev Act section 65 can help to certain extent

Pankaj Kundra (Expert) 24 May 2010
Thanks to my learned friends i have learned a new thing .. Thanks once again

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