Legal Question in Business Law in India

Is summary suit maintainable on certified copies of cheques

A loan is given payable in monthly installments though post dated cheques of Rs. 10000/-. 12 cheques of Rs. 10000/- each already dishonored and three complaints were lodged u/s 138 for those cheques. Now creditor/payee wants to start a summary suit under cpc also. But Original cheques are in the case u/s 138 NI Act. Now question is whether the certified copies of those cheques since they are on the file of case u/s 138 are sufficient in summary suit under cpc or only originals are required.


Asked on 4/04/09, 9:42 pm

6 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Is summary suit maintainable on certified copies of cheques

Already replied.

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Answered on 4/06/09, 5:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Is summary suit maintainable on certified copies of cheques

you can apply to the court to file secondary evidence stating the above reason.Indian Evidence Act allows filing of secondary evidence.

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Answered on 4/05/09, 7:49 am
Fahri Toga TOGA//OKSUZ

Re: Is summary suit maintainable on certified copies of cheques

We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.

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Answered on 4/17/09, 9:25 am
Yanala LaknaReddy Law towers

Re: Is summary suit maintainable on certified copies of cheques

Summary suit is mantanable on certified copies of cheques.

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Answered on 4/05/09, 8:18 pm
Pranav Desai PD Legal & Associates

Re: Is summary suit maintainable on certified copies of cheques

Yes

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Answered on 4/10/09, 12:58 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Is summary suit maintainable on certified copies of cheques

Yes, the civil suit may be maintainable and you may not need the original cheques initially; instead the court file of 138 case may be summoned before the civil court during evidence for perusal of the original cheques by the court. Mewanwhile, certified copies of the cheques may be obtained.

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Answered on 4/04/09, 9:58 pm


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