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NISHANTH KUMAR DS   20 February 2021

"1Lakh Rupees Given as Credit through Cash"

I had given Credit to my friend of Rs 1Lakh through Cash for a period of 1 month. But now he is taking advantage of credit given through cash and arguing me that he won't return my money back. But I have recorded the video at time of asking him my money back after 1 month from the time I have lend him the amount. I have captured all the video he saying that he has taken the amount but he will not return it to me and asking me to do whatever I want. Can I file a Complaint against him keeping Captured video as a proof?


Learning

 3 Replies

sneha jaiswal   01 June 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
Yes, the video recording against your friend will be admissible in the court, who has borrowed money and not returning back to you.  Video recordings are accepted as a valid source of evidence in the court of law. Tape recordings are recognized as res gestae, which means they are taken as relevant to the case and also admissible as evidence. 
Under Section 65A and 65B of the Indian Evidence Act, documents generated or stored in electronic devices are considered as evidence in courts of law. It is, however, mandatory to ensure that such devices are not tampered with and the information should be authentic.
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 

NISHANTH KUMAR DS   01 June 2021

Thanks you for your valuable reply Sneha Jaiswal. Can I further know what might be the duration taken to get resolve this case in court?

Nirali Nayak   01 June 2021

Hello sir, greetings of the day.
As per your query, yes the video that you captured against your friend can be used as evidence. Under section 65B of Indian Evidence Act, 1872 any electronic records, video etc can be called as a document without any further proof. The electronic evidence such as video recordings, CDs etc would come under direct evidence and are admissible in court. The court can also rely upon such evidence while ruling. 
I hope this answers your questions.
Regards
Nirali Nayak
Law Student


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