Credit card statement - as per bankers evidence act

Dear Sonmoy,

There is no need of a ruling, as there is specific provision under Evidence Act vide Sec which deals with Admissibility of Electronic Evidence. The statement of account of credit credit being computer generated is a admissible piece of evidence unless the same is not challenged by the defendant/accused. Further, on the terms and conditions of the creditcard form, the terms contains that the person seeking/applying for the card shall not be challenging the admissibility and credibility of the statement.

The same his hit by provision Sec 65 B which goes in favour of defendant/accused, if defendant/accused takes advantage of this provision.

Dear Sir

You didnt get my point. 

The complainant has logged a case U/s 138 against a cheque lying in his possesion. The complainant owns the Credit card in his name. The accussed had cleared his liability by way of payment directly to the complainant credit card from accused bank by way of cheque transaction.

The complainant is not providing his credit card statement in which the amount is getting credited. As Defence Evidence the Accussed needs to call for complainant credit card statment from the related bank by way of Bankers Evidence Act. Which allows any document submitted by the Bank by way of Bankers Evidence Act is admissable in the Court. 

Do you have any ruling that as per Bankers Evidence Act the bank issues a copy of Complainants Credit Card Statement which is admissable in Court. Or do you have any other provision in the law

We are asking the same as the banker says credit card in not coverd in the act.

Tnks

Dear Sonmoy,

Before you put forward a query, make sure you put all the details. Its not good to say what you said when you dont put forward the entire query.

If the complainant is not producing the statement as you asked for, prefer an application u/s 91 of Cr. P. C directing the complainant to produce the documents. Likewise prefer application before court to direct the bank to produce the copy of credit card statement of the complainant and call the banker of complainant in witness box as your witness along with the credit card statement of complainant.

This is law. Court cannot disallow your application u/s 91 of Cr P C. If the court does, I will provide you citation to that effect.