Legal Question in Criminal Law in India

Negotiable Instruments act

In our one case filed U/s 138 of N.I.act, verification is done in the Court and process is also issued. Current position is that NBW is issued against the accused but what happened is that the original documents which were lying with us after verification has been lost (Original Cheque, Notice, memo card etc) then if we have to file evidence in the court then secondary evidence will be admissible or not?


Asked on 5/02/07, 3:08 am

5 Answers from Attorneys

Re: Negotiable Instruments act

yes. you must have to prove that original is lost and then you can render the secondary evidence.

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Answered on 5/02/07, 1:01 pm
G. M. Gupta gmguptaandassociates

Re: Negotiable Instruments act

it will be admissible but get the evidence done with caution

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Answered on 5/02/07, 3:01 pm
Sarosh Bastawala ADVOCATE - SUPREME COURT OF INDIA

Re: Negotiable Instruments act

Is the original documents are lost, then Secondary Evidence can be addused in the matter with the permission of the court where you will have to explain the circumstances under which the documents were lost.

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Answered on 5/02/07, 3:15 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Negotiable Instruments act

There are express provisions of adducing secondary evidence under the Indian Evidence Act, 1872 section 65.

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Answered on 5/02/07, 3:27 am
Vishwa Arya Arya & Co.

Re: Negotiable Instruments act

Secondary evidence are surely admissible u/s 63-65 evidence act

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Answered on 5/05/07, 3:21 pm


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