Legal Question in Banking Law in India

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 and memo card etc) then if we have to file evidence in the court then secondary evidence will be admissible or not? any case law for secondery evidence


Asked on 1/21/16, 5:41 am

2 Answers from Attorneys
Dr Katta Venkata Rama Krishna Drkattavrk

1) As per Section 65 of the Evidence Act such secondary evidence is admissible also.

2) If really as a matter of fact, the cheques are lost, it would be improper and incorrect to deny the complainant an opportunity to substantiate his grievance by adducing secondary evidence as permitted under Section 65 of Evidence Act.

3) Read: Chitaranjan vs Jayarajan on 17 January, 2003, Equivalent citations: IV (2005) BC 167, 2005 (1) KLT 790

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Answered on 1/21/16, 8:32 am
Fca Prashant Chavan Expert Edge LLP

21.01.2016

Dear Sir / Madam,

Yes, secondary evidence is admissible in the Court. Even though you have lost the original instrument, your Bank has the record of the Cheque Returned Advice and you can produce it as evidence in the Court.

Regards,

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Answered on 1/21/16, 8:38 am


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