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Sadanand Vs. Sandeep Devidas Fate and Ors. - (High Court of Bombay) (20 Oct 2023)

Certified copy which includes a print out must be accompanied by a certificate as contemplated in Section 2-A (a), (b) and (c) of Bankers' Books Evidence Act, 1891

MANU/MH/4323/2023

Law of Evidence

A short question of law arises in present petition is whether procedure prescribed under the provisions of the Bankers' Books Evidence Act, 1891 is required to be followed while proving the documents or it requires certificate under Section 65-B of the Evidence Act, 1872.

Present is a case where the petitioner has challenged the order passed by the Trial Court rejecting the application to exhibit the bank statement produced on record.

The documents which the Plaintiff/petitioner wants to exhibit are print out of the Bank Statement of Buldana Urban Co-Operative Society Limited and State Bank of India and are governed by the provisions of special enactment i.e. the Bankers' Books Evidence Act, 1891.To prove said document as per law, one has to produce certified copy as per Section 2 (8) of the said Act.

As the Bankers' Books Evidence Act, 1891 is applicable, the Petitioner has to follow the procedure under this Act only. It is, therefore, necessary to file certified copy of the computerized document which is admissible as the original entry.

The certified copy which includes a print out must be accompanied by a certificate as contemplated in Section 2-A (a), (b) and (c) of Act, 1891. Therefore, print out without certificate cannot be a document admissible in evidence and it must be along with the certificate by those persons as mentioned in said provisions. The petitioner has not followed the actual mode of proof of these documents as per Section 4 of the said Act. As special enactment is there, it will not be governed by the general provisions under Section 65-B of the Evidence Act, 1872. Order passed by the learned Trial Court is justified and no interference at the hands of this Court is required. Petition dismissed.

Tags : DOCUMENTS   PROCEDURE   APPLICABILITY  

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