Madhu Mittal (Director) 05 November 2020

Certified by notary public of copy of ledger a/c of a debtor

Please guide whether Copy of Ledger a/c of a Debtor from Original Ledger books of Creditor, duly certified as True Copy by Notary Public is sufficient for Evidence or still Ledger books of Creditor to be brought in Court for comparison from Original Ledger books of Creditor in Court in cases under:

Section 138 of N I Act
Ordinary Recovery Civil Suit under CPC
Recovery civil suit under Order 37 of CPC
Commercial Recovery suit in Commercial Courts

The above query is posted at

https://www.lawyersclubindia.com/experts/certified-by-notary-public-of-copy-of-ledger-a-c-of-a-debtor-723966.asp

Still it is posted in Forum also, as many learned persons still has to be notified as Expert

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4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 05 November 2020

1. Original Documentary Evidence shall be produced /filed in proceedings under Civil /Criminal proceedings, without any exceptions, whatsoever & whichsoever.

2. Original documents may be taken back via a application BUT ONLY AFTER Cross Examination is concluded.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Advocate Bhartesh goyal (advocate) 05 November 2020

No,copies of ledger a/c duly certified by Notary Public are not admissible in evidence as these copies does not comes indr the purview of sec 74 of Evidence Act only certified copies of public documents are admissible in evidence. Creditor has to either submit original ledger books or its copies compared by court.

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Dr J C Vashista (Advocate) 08 November 2020

The case under section 138 of the Negotiable Instrument Act, 1881 and recovery of money may be instituted on the basis of notarised documents but it shall not be admitted under order XXXVII CPC.

Notary attested documents shall have to be substantiated with original record in evidence.

Madhu Mittal (Director) 09 November 2020

Respected Sirs,

Thanks for giving your valuable advice on this point. Please guide one more thing what is the time of comparing the documents with Original and whether these should be in the presence of opponent lawyers. In another words, whether as soon as suit/case is filed, can it be compared even before issuing notice to other parties by the court in civil regular suit or Order 37 of cpc or congnisance in s 138 N I Act. Because one case is in one court and another suit in another court, while Original Bind Ledger is only one.

With regards,