Cheating

Rajesh Tandon (Querist) 07 January 2014 This query is : Resolved
1. I have been cheated by somebody in the money matter. For the purpose of FIR i.e evidence in front of police and the court I have saved the SMS received from him as well as SMS sent by any with a final request to return back the money which he has borrowed from me.
2. Section 65 of Indian evidence Act enables secondary evidence of the contents of a document to be adduced if the original is of such a nature as not to be easily movable. Hence, printouts taken from the computers/servers by mechanical process and certified by a responsible official of the service-providing company can be led in evidence through a witness who can identify the signatures of the certifying officer or otherwise speak of the facts based on his personal knowledge. Irrespective of the compliance with the requirements of s 65-B, which is a provision dealing with admissibility of electronic records, there is no bar to adducing secondary evidence under the other provisions of the Indian Evidence Act 1872, namely, 63 and 65.
3. I have a prepaid air Tel connection in my mobile.May I request the experts of the lawyer club of India to kindly guide me as to what is the procedure for such certification of the printouts from the service providing company. Would a written application with print outs of sms along with producing of my mobile physically to company officials quoting the provisions of the section 65 of Indian evidence act, addressing the application to legal department of service providing company under intimation to police would suffice
or
would service providing company react on the orders of the police/court only for the certification under the provisions of section 65 of Indian evidence act.

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ajay sethi (Expert) 07 January 2014
Sms can be a valid evidence under section 65(B) 1 of the Indian Evidence Act, 1872 which states that any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be also a document. Thus evidence in an electronic form is admissible under the Indian Evidence Act, 1872

take printout and make application to company . if service provider refuses to certify then you would need orders from court