Re: Bank Statement as Evidence in DV Act & 125 Cr.P.C.

Querist : Anonymous (Querist) 01 January 2011 This query is : Resolved
A wife has filed a DV Act case U/S Sec. 12 & 23 and also U/S 125 Cr.P.C. against
her husband by saying that she doesn't have any Source of Income and she is on the stage of Starvation. The husband collected :

i)information that she is employed and getting a salary of Rs. 15,000 per month.

ii) Further, a transaction of Rs. 2.50 lakh was made in the month of septemeber 2010 in one of her S.B.A/c with SBI and another transaction of Rs. 3.60 lakh was made in her another A/c with the same branch of SBI in October 2010.

Now the husband wants to file a case U/S 340 Cr.P.C. for perjury U/S 193 IPC.

While the Salary information is from the employer on its letterhead , the information on Bank transaction is genuine but not from authentic source. Since the Bank staff was known to the husband that is why he provided the copies of journal of her Bank Transactions. in both her A/Cs .

Now the question is- Could these copies of journals of Bank Transactions be filed alongwith the Applicaion of 340 Cr.P.C. These statements are unsigned without any seal and signature of Bank officials.

Kindly advise.

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Parthasarathi Loganathan (Expert) 01 January 2011
Yes these Statements even with or without the signatures of the Bank officials is valid as per Bankers Book Evidence Act.

Arun Kumar Bhagat (Expert) 01 January 2011
NO, not at all valid. First you shall have to summon bank manager for bringing the details of your wife's transaction. All the documents must be certified using the language/wordings provided under sec.2 of the Banker's Book's of Evidence Act.
After proving of the aforesaid facts and acceptance of your evidence i.e. defence evidence and being relied by the magistrate in his order, you shall be eligible to file application u/s 340 Cr.P.C.

Do not file unsigned statement.

Y V Vishweshwar Rao (Expert) 01 January 2011
Even Under I T Act/Evidence Act - Bank issuing the Statement of Account- generated by Computer Systems require authentication Certificate for admitting in Evidence in Court of law ! The Account is of his personal Saving Bank account !