Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

harsh pratap singh (sseef)     09 March 2012

Bank statement!

Dear Sir,

My estranged wife has filed 125/DV/498a against me and my family.

She is earning a handsome salary but still demanding maintenance.

With much efforts i could get her bank statement but without any stamp of bank or signature.

Will the judge accept this piece of paper.

Please advice.



Learning

 12 Replies

HK_Jain... (498a Fighter)     09 March 2012

yes, But remember to corborate the statement with Affidavit only not directly.they would get frustate & tend to prove you showing false/tempered statement before the court and this time they can't be escaped.

Arvind Singh Chauhan (advocate)     09 March 2012

It is not easy to get her bank statement, from bank.

Without signature and stamp it has no value.

If you are confirm about the fact, you may pray to court to call bank record under Sec 91 Cr.P.C.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

Yes judge would consider the same.

 

Also, while producing the statement, you can ask the judge to issue witness summons/ put an application under CrPC 91 for the said records.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

HK_Jain... (498a Fighter)     09 March 2012

Perfectly suggest by shonee sir

Yours Fan & Follower

Hemant

harsh pratap singh (sseef)     10 March 2012

Dear Sir,

Thank you very much for your replies.

it is confirmed that the bank statement belongs to my estranged wife only.   I will surely request  judge u/s 91 Crpc to summon the bank records.

I have one more query,  After i file this bank statement with affidavit .  Is there any  possibility  that my wife will go to bank and blame bank for revealing her personal details & instigate bank to take criminal/legal action against me. So is it confirm, that it will not back fire???

Plz advice.

stanley (Freedom)     10 March 2012

Do you have a copy of the handsome salary slip that she earns than  exhibit it .if she denies the same than you can put an application to summon her employer  .If you sumbit her bank statement without a stamp to the court than her lawyer would ask you to get a certified copy of the same .And no bank would give you a certified copy as you are not the holder of the account and legally she can sue the bank for giving the same but there is a possibility for the judge to consider the same as the statement would have her name account no and address on it and also the possibility of summonning the bank manager to validate the same  .Putting an application under CRPC 91 is the right approach and you can pray to the Judge  to call for the documents like bank statement ,IT returns etc .

P.K.Haridasan (Advocate)     10 March 2012

As per Bankers Bool of Evidence Act , a statement is admissible pnly  with seal signature and with a certification of the concerned bank.

harsh pratap singh (sseef)     10 March 2012

Dear Sir,

I am getting a bit confused now.

My intention is:

1) to produce this peice of paper having her name, employer, salary credited for that month etc. along with the      affidavit stating to escertain the genuineness of this paper with summon to bank u/s 91 Crpc.

2) At the same time, I should be safe i.e. bank should not take any action against me.

Plz advice.

Avnish Kaur (Consultant)     10 March 2012

if u are sure the evidence is not tampered , put it and let her deny it.

either she

1 admits it to be correct

2. if she denies call bank records

most bank statements carry a line at end: this is a computer generated stateme and does not require any signature

go ahead and put it as evidence.
 

HK_Jain... (498a Fighter)     10 March 2012

 

if u are sure the evidence is not tampered , put it with Affidavit and let her deny it.

either she

1 admits it to be correct

2. if she denies request  judge u/s 91 Crpc to summon the bank records.

most bank statements carry a line at end: this is a computer generated stateme and does not require any signature,

So, It means you are safe from bank side.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 March 2012

She can always blame the bank, but that she would fight with bank.

 

You can always say, that the said statement reached you by courier.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rajiv_lodha (zz)     12 March 2012

Courier thing may create hassles coz they keep a track record. Say it reached via 'Great Indian Post (ordinary)'

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query