Do we have to submit original documents if case is filled u/s 138 NI

784 votes

Yes if your file cheque bounce case you need submit all your original documents like cheque which was given by the other party to you with regards to payment then legal notice , postal receipt and its acknowledgement .... During evidence time ... And it will be in court records ... If you want for future reference toll judgement is passed you can get certified copy which us equal to original documents

Advocate Suma N LawRato

623 votes

On filing you once need to show originals to court, thereafter You have option to produce photo copies of originals till the time of sworn statement. rest what are are all told to you are correct. The originals remain with the Court till judgement.

Advocate S.K Prabhakar Shetty LawRato

870 votes

Hi....yes you have to submit all the original documents on which your case is relied upon including cheque also at the time of filing case or later stage and we have to mark the same before the court and you will get original documents back only after closure of case. If you want you can apply certified copy of the same documents from the court.

Thank you

Advocate Rama Chandra Shenoy LawRato

656 votes

in response to your query, yes it is possible to file a 138 case under the Negotiable Instruments Act. However, please note that after filing of the case the next stage of the case would be for the Complainant to file Sworn Statement/ Evidence by way of Affidavit at this point you will have to provide all the original documents for eg the Dishonoured Cheque, Endorsement from the bank stating the reason for dishonoring the cheque etc and any and all other documents that you would be relying to prove your case.

It is also true that the original documents produced to the court will remain in the custody of the court till the disposal of the case. However, in case if any document is required for other purposes then an application to return the original documents can be filed before the Court and if the Court feels the reasons are valid then the original documents would be returned. The Second method is that we can also file a certified copy of documents in the copying branch. Certified Copies given by the Court are treated as original documents.

Please feel free to contact me for any further information.

Advocate Abhay Anand J LawRato