https://www.taxtmi.com/caselaws?id=391321 Secondary evidence of a postal receipt and returned envelope may be permitted where the originals are shown to be unavailable despite reasonable effort and a proper factual foundation is laid under the Evidence Act. In this Section 138 NI Act complaint, the documents had been filed and later returned after comparison, and the complainant explained that the originals were misplaced in counsel's office. The HC found no perversity or illegality in allowing secondary evidence because the documents were material to proving issuance and service of notice, and denial would have prejudiced the prosecution. The petitioners were left free to challenge custody, existence, and execution through cross-examination and defence evidence. en-us Thu, 16 Jan 2020 00:00:00 +0530 Sat, 25 Jan 2020 09:54:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=391321 Secondary evidence of a postal receipt and returned envelope may be permitted where the originals are shown to be unavailable despite reasonable effort and a proper factual foundation is laid under the Evidence Act. In this Section 138 NI Act complaint, the documents had been filed and later returned after comparison, and the complainant explained that the originals were misplaced in counsel's office. The HC found no perversity or illegality in allowing secondary evidence because the documents were material to proving issuance and service of notice, and denial would have prejudiced the prosecution. The petitioners were left free to challenge custody, existence, and execution through cross-examination and defence evidence. Case-Laws Indian Laws Thu, 16 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=391321