Negotiable Instrument Act
Munish Kumar Garg
(Querist) 09 December 2010
This query is : Resolved
Hello Members
If complainaint do not place on record copies of Accounts book to prove any commercial transactions, whether same is fatal to case.
Please provide me some citations on this point alone
Thanks in advance
Devajyoti Barman
(Expert) 09 December 2010
If the debt is proved by other corroborative evidence, then such failure is not fatal.
Parthasarathi Loganathan
(Expert) 09 December 2010
It is supported by Section 4 of Bankers Book Evidence Act 1891 wherein Mode of proof of entires in bankers books is dealt.
-It states that a certified copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise.
s.subramanian
(Expert) 09 December 2010
What Mr.Logananthan states is a privilege conferred only on bankers and not on anybody else. It cannot be extended to other account books maintained by persons not falling under the ambit of that Act. Non production of account books,if the claim of debt is based on such accounts,is fatal to the case of the complainant. The court can draw adverse inference under Sec.114 of the Evidence Act on such complainant due to non production fo the account books.
Advocate. Arunagiri
(Expert) 09 December 2010
If any accounts book is in existence, the same should be produced as evidence.
If there is no such accounts book is maintained, the same cannot be produced. In such a case no adverse inference.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 December 2010
Pl go through the SC and Bombay HC judgments which have been posted multiple of times by other friends in forum where the complaints under NI 138 have been dismissed for non production of accounts.
