Loss of original cheque

No complaint under section 138 NI Act can be filed without having original cheque but the suit for recovery can be filed with the supporting evidence of bank, police, accounts etc.

 you still can file the complaint stating loss of the cheque and could tender preliminary evadence in form of affidavit narrating the story and can exhibit photocopy of the same along with memo issued by bank or u can get a bank certificate from the bank , postal reciepts and acknowledgements can be exhibited in evidence  

Dear All,

I endorse the view of Mr.Saurav.   There is no bar as such - the problem about taking the cognizance of the offence can be satisfied/corelated with the police report.   Out of the curiocity I just want to point out that apart from S 138 NI Act as a standard practice you might be adding Section 420 of IPC and depending upon the reaction of the presiding officer you can proceed accordingly.  I would suggest to research thoroughly for case law on this aspect. 

Best regards

Daksh

i agree with Mr. Saurav

Sir,

                  You can file the complaint first by producing the xerox copy of the cheque if any. or you file it by submitting the statement of accounts from the drawee bank pertaining to the concerned numbered cheque  . Then yoiu can examine the bank officer of the drawee bank in evidence for complainant.

I thank all the contributories for their valuable suggestions. I specially thank Mr.Sathya Prakash, whose idea I originally thought of and it has tallied now.

YOU CAN FILE COMPLAINT U/S 138 OF N.I. ACT BY  PRODUCING PHOTO COPY OF CHEQUE SUPPORTED BY  AFFIDAVIT AND ORIGINAL CHEQUE RETURN MEMO. YOU CAN ALSO LEAD EVIDENCE CONCENED BANK BY AFFIDAVIT .