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.
6 Answers from Attorneys
Re: Is summary suit maintainable on certified copies of cheques
Already replied.
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.
Re: Is summary suit maintainable on certified copies of cheques
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Re: Is summary suit maintainable on certified copies of cheques
Summary suit is mantanable on certified copies of cheques.
Re: Is summary suit maintainable on certified copies of cheques
Yes
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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