Is SMS a valid proof?

 yes

definitely such sms shall form part of evidence.

 Yes, this is one of the valid proof for sending a legal notice.

YES.....................BUT WHY YOU REPLY ONLY  UPON  THAT SMS.................. I MEAN YOU HAVE NOT MENTIONED PROPERLY THAT HOW U GAVE MONEY TO YOUR FRIEND?..... MEANS IN CASH OR CHEQUE.................. OR WHETHER YOU HAVE MENTIONED SUCH THING IN YOUR BOOK OF  ACCOUNTS..........&......IF YOUR TAX PAYER AND YOU HAVE SHOWN SUCH AMMOUNT AS SEN.DEBTOR THEN  YOU CAN SEND DEMAND NOTICE ON THAT SUPPORT AND ALSO FILE A SUMMARY SUIT AGAINGST YOUR FRIEND & EASLY RECOVER YOUR MONEY

Dear Shine,

actually there are two types of evidences-relevant and admissible. of course SMS is relevant evidence but not admissible. you may place such evidence before Court but the Court is not bound by it. apart from it , it is not a strong proof as because of the facility of erasing and adding.

Hi

of course, send you legal notice. after serve notice, cheke the reciving mobile nomber who's the owner, if the same person owner than srve notice. 

Thanks Bhavin for the reply. Actually, I transferred money to one of his friends account as he needed money urgently and didnt have a same bank account as mine, as he told he cant wait for 2 days of time for the trasfer via RBI for interbank. Btw, I have mentioned the transfer summary as "Lending to <my friend's name>. Is that hold good in this case? Btw, I did not get the meaning of "IF  YOUR TAX PAYER AND YOUHAVE SHOWN SUCH AMOUNT AS SEN. DEBTOR THEN YOU CAN SEND DEMAND NOTICE ON THAT FRONT..." clearly. Could you please clarify me?  

Hi Mohd Mussabir,

Does that mean there is no use in sending a suit with the sms as evidence? What do I need to support it?

ya sure......... if u r a tax payer and  u have mentioned such amount  debited in the name of your friend in ur books of account as well as shown him as debtor in your  income tax return than it will help u&  ur lawyer to prove that u r claiming for the legal dues and u can easily recover ur dues. it is a fit case for the recovery , if you have mentioned such details.......................... and during this proceddings ur sms will support your case.

send notice without wasting time.

Now imagine a situation like this where SMSs are exchanged.

A: I had given 10000 rupees two months ago which you have not repaid. Pl repay immediately as I need my money back.

B: Please bear with me. I shall repay shortly.

A: You have not fulfilled your promise. Pl pay or I take legal action.

B: By 18th March I shall pay back.

B: I came to your house on 10th March and paid back the loan of Rs.10000 that I taken from you. Now I donot owe you anything.

What will happen in this situation? A's SMS versus B's SMS without any tangible proof.

SMS is only a short message service, it can be typed by anyone without even a password and hence it is not a foolproof evidence unless it is corroborated with any other concrete evidence and some other correspondence or even a tape recorded voice message.

In other words, the case may not even be admitted.

Thanks Anil. So does it imply I can't do anything with the sms? Wont my account summary help me in this case? In what situation the case may not be admitted?