Legal Question in Criminal Law in India

chq retun Negotiable Instruments Act

my dealer has returned my few chqs I have send legal notice but before

before filing case in court all the orignal chqs with their return memos has been lost during travelling ... I am having the photo copies, what i have to say/ produce to the Metripolitan Magistrate at the time of verification and at the time of evidence


Asked on 3/13/09, 2:56 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: chq retun Negotiable Instruments Act

Hello.

Good Afternoon!

You may hand over the same to your lawyer and he will present it in front of the Court.

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Answered on 3/13/09, 3:03 am
Shrichand Nahar S.V.Nahar, Advocate

Re: chq retun Negotiable Instruments Act

You may apply and seek permission of court to adduce secondary evidence.

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Answered on 3/13/09, 6:50 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: chq retun Negotiable Instruments Act

you can apply to the court for allowing secondary evidence to be filed for above reasons.

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Answered on 3/13/09, 8:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: chq retun Negotiable Instruments Act

In my opinion, you may have lost remedy under the N.I.Act. The court may not summon the accused persons on the basis of photocopies of documents. THE ORIGINAL CHEQUE MAY BE REQUIRED for pursuing N.I.Act remedy.

However, you may consider filing a civil suit for recovery of your money.

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Answered on 3/13/09, 8:16 am
Pranav Desai PD Legal & Associates

Re: chq retun Negotiable Instruments Act

You may have to prefer an application to the court and request the court for permission to lead secondary evidence. Once approved you will be able to file the same.

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Answered on 3/13/09, 1:34 pm


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