BANKER'S BOOKS EVIDENCE ACT, 1891
Gives mode of proving of entries in bank's book & production in courts.
Indian Evidence Act: so long as the original document is available, a copy cannot be produced. The exception being production of a certified copy of a document permitted by law.
"Bankers book" include ledgers, cash books, day books, account books & all other books used in the ordinary business of a bank & all other books used in the ordinary business of a bank.
S - 2(8): "Certified copy" means a copy of entry in the books of bank, with Certificate written at the foot of such copy that it is true copy of such entry, that such entry is contained in one of the ordinary books of bank & was made in the usual & ordinary course of business & that such book is still in the custody of the bank, & where the copy was obtained by mechanical/other process, which in itself ensure the accuracy of the copy, a further certificate to that effect but where the book from which such copy was prepared has been destroyed in the usual course of bank's business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated & subscribed by the Principal accountant or manager of the bank with his name & official title.
Now, enjoy the same…
Entry with Certificate.
True Copy.
Ordinary books & Ordinary course under custody. Ensure accuracy, if by process.
Certificate after copy destroyed in the usual course.
Certificate to be dated subscribed by A/C't or Manager.
SECTION 4: A certified copy of any entry in banker's book is the prima facie evidence of existence of such entry & the matters, transactions, & accounts recorded therein recorded as, the original entry itself is now by law admissible BUT NOT FURTHER/OTHERWISE.
GAUHATI BANK LTD : entries in books of accounts shall not alone be sufficient evidence to charge any person with liability. It is a mere corroborative evidence.
SECTION 5: ONLY for order of court/judge make a special cause, an officer of bank be compelled to produce any banker's book or to appear as a witness to prove matters in any legal proceeding to which bank is not a party.
Criminal Procedure Code: an officer in charge of police station can compel a bank officer to produce the books without order of court.
"Legal Proceeding" means
·
Any proceeding/inquiry in which evidence is/may be given;·
An arbitration; &·
Investigation/Inquiry for evidence by police officer of Magistrate authorised person.SECTION 6:
1. On application of any party to a legal proceeding, the court/judge may order to inspect & take copies of banker's books or the bank to prepare & produce the certified copies along with a certificate that "no other entries relevant was found in the books";
2. Order with or without summoning the bank & 3-clear days service;
3. Either offer to produce or SCN against order, within time limited for obedience.
SECTION 7:
1. Cost of application of doing under the act as per the discretion of court/judge who may further order to be paid by bank, if fault on the part of bank;
2. Enforced, as if the bank is a party to the proceedings;
3. Order as if it were the decree for money paid by itself.
SECTION 8: Order of court/judge for production & inspection of books of banks, an order by officer ranking not below Superintendent of Police.
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--Vj
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