Tendering bank statement as evidence
Bhavik
(Querist) 13 June 2016
This query is : Resolved
I had tendered original bank statements with banks seal as evidence. Inspite being original statements issued by the bank and not computer printouts the court did not exhibit it as evidence.
Can I send notice to bank under sec 66 of Indian Evidence Act and then give another copy as secondary evidence.
Where can I find the format of Certificate under sec 2 of Banker's Book Evidence Act. I have been searching online but cannot find it.
P. Venu
(Expert) 14 June 2016
What is the opinion of your advocate?
Kumar Doab
(Expert) 14 June 2016
Yes, What is the opinion of your advocate?
Dr J C Vashista
(Expert) 15 June 2016
Submit your reply to the valid question raised by expert.
Rajendra K Goyal
(Expert) 16 June 2016
Call the Bank official to confirm the statement issued by them.
Bhavik
(Querist) 17 June 2016
At first Court did not accept the original statement. Then my Advocate advised we approached the bank for Original Statement and Certificate under Sec 2A of Banker's Book Evidence Act but the Bank Manager is refusing to give the certificate even though it is my own account.
RAVI K GOUD
(Expert) 17 June 2016
Send the legal notice to the Bank Manager for his inaction in providing the original bank statement.
Also mention about the adverse consequences for the non availability of the original statement and make him responsible for the damage if any happens.
Kumar Doab
(Expert) 17 June 2016
You have posted that:
"I had tendered original bank statements with banks seal as evidence."
"and not computer printouts the court did not exhibit it as evidence.'
Ask for computer generated printout.
Or let the BM confirm it, as already suggested by Mr. Goyal.
Bank is under obligation to supply the bank statement as per bank's own guidelines in accordance with RBI guidelines, BCSBI,IBA,etc .
Dr J C Vashista
(Expert) 17 June 2016
You have neither submitted certificate u/s 65B IEA nor called Bankers to prove the statement of account, therefore, it has to be marked and not exhibited.
Prove the statement of account by summoning Bank Manager/officer dealing with the account.
