What to do if I have lost the office copy of demand notice issued by me?

Tilak Marg Forum for Legal Questions Forums Civil Law What to do if I have lost the office copy of demand notice issued by me?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 3 months ago.

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  • #4488

    Hi,

    I am a fresher Advocate. I had issued a demand notice for dishonour of cheque under Section 138 of NI Act to a person on behalf of my client. However, I have either lost the office copy (photocopy) of the Notice or the clerk had forgotten to take a photocopy of the original.

    Now that time for filing complaint has come, will it suffice if I take a printout of the soft copy (word file) in which I had drafted the original notice and then sign it again and photocopy it ?

    Insights from the professionals regarding this would be hugely appreciated.

  • #4502

    I hope you have not lost the postal receipt of the notice sent by you and also the acknowledgement / delivery report of the notice received by the opposite party. That is what is mainly required to prove the notice.

    Secondly, I think the printed copy of the notice sent should be sufficient to demonstrate what you sent as a notice. You may mention in your complaint that it is a printed copy of the notice sent.

    In the worst situation, please note that as per the provisions of Section 65 of the Evidence Act, even oral accounts of a document may be given as secondary evidence if it proved that the original has been lost or destroyed. Here, in your case, the original of the notice is with the opposite party and what you are proving is only about the office copy of such original document, i.e., the copy  of the notice. So, I think the printed copy of the notice may be considered as sufficient; and in the worst situation, by first proving that the office copy is lost you may even give oral accounts of the notice as to its contents.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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