Probative value of entries in bank pass book
sridhar pasumarthy
(Querist) 21 July 2014
This query is : Resolved
Respected Experts,
In a suit for specific performance of agreement of sale, I am appearing for defendant. Plaintiff is trying to prove his case by filing Bank Pass Book containing entry of withdrawal of amount, which was alleged to have been advanced to defendant as advance sale consideration on the date of alleged sale agreement.
Every account holder of a bank possesses a pass book in his custody. There is every possibility to manipulate the entries easily.
My queries are :-
1. Are the entries in Bank Pass Book come under the head of primary evidence?
2. Are they admissible in evidence without examining the person who made those entries in pass book?
3. Can I object to its marking?
Please give your valuable replies.
Thanks in advance.
ajay sethi
(Expert) 21 July 2014
entries in passbook are admissible in evidence but bank officer has to be examined for proving those entries
sridhar pasumarthy
(Querist) 21 July 2014
Sir, If you don't mind, any authority in that regard. pls
ajay sethi
(Expert) 21 July 2014
there is a presumption of genuineness and correctness with regard to the statement of accounts duly certified under the Banker's Book of Evidence Act.
in your case if bank certifies genuine ness of statement of account it would be admissible in evidence .
Rajendra K Goyal
(Expert) 21 July 2014
Certified bank statement is admissible under Bankers Book of evidence Act.
Anirudh
(Expert) 21 July 2014
Dear Sridhar Pasumarthy,
Let us apply our mind.
If some one withdraws some amount from his bank account, does that in any way establish that he paid it to the seller of the property as 'advance'?
Whether there is any receipt from the Vendor that he received the advance?
Without this, what is the use of bank entries?
sridhar pasumarthy
(Querist) 21 July 2014
@Sri Anirudh,
Transaction was reduced into writing in the form of Agreement. So, to substantiate the factum of giving advance, plaintiff wants to get the entries in bank pass book marked on his behalf.
sridhar pasumarthy
(Querist) 21 July 2014
@ Sri Ajay Sethi,
If statement of account coupled with certificate by the concerned is filed, it is ok. But, here, only pass book is sought to be marked.
Anirudh
(Expert) 21 July 2014
Whether in the written agreement, the vendor has acknowledged that he has received the 'advance' amount?
Raj Kumar Makkad
(Expert) 22 July 2014
The receipt of the vendor is only relevant in the given issue.
sridhar pasumarthy
(Querist) 23 July 2014
@Anirudh and @ Raj Kumar Makkad ji,
Thanks for your replies.
The contention of the defendants is that the agreement itself is a forged one.
My specific question is "Whether Entries in Bank Pass Book" without supported by statement of account or any certificate from the concerned bank, are admissible in evidence.
Pls clarify.
Raj Kumar Makkad
(Expert) 23 July 2014
No. If the entries of the passbook are not supported with the Statement of Account issued by banker under its seal and stamp, the same is not admissible in the evidence.
sridhar pasumarthy
(Querist) 23 July 2014
Sir,
Thanks a lot. But judge is insisting me to file some authority.
Though I searched thoroughly I could not find any Judgment in that regard.
Pls help me if you have any authority with you.
Raj Kumar Makkad
(Expert) 23 July 2014
As you know, we do not provide judgments here so I should feel sorry due to our joint decision.
sridhar pasumarthy
(Querist) 24 July 2014
ok sir. I will make much effort.
Many thanks for your patient replies.
