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Can bank manager be a witness in the sworn affidavit


17-Mar-2023 (In Cheque Bounce Law)
Respected Sir, My question is can the concerned banks involved, their managers can be shown as witnesses in the sworn affidavit filed by the complainant to the court in NI 138 cases, are there any citations or law to show this. Secondly, if there are no stamps of the bank on the returned cheque, can still that be shown as proof of dishonor, any citations to help
Answers (3)

Answer #1
516 votes
The bank employe are mandatory to be shown as witness and they get summoned to give evidence when the trial starts in 138 NI case. Stamp is not necessary, its the returning memo that is seen as a proof of cheque dishonour.
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Answer #2
965 votes
Firstly the bank manager can be shown as witnesses in the complaint filed by the Complainant. Secondly bank stamp on the returned cheque is required. Without the original stamp the case is not valid.
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Answer #3
568 votes
good morning sir, yes the manager can be shown as a witness in the affidavit. becoz in the list of witnesses both the banks are made a party. the cheque return memo is enough to prove that ch. had returned on the following date due to the following reason .
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