Admittedly, the bank statements are not accompanied by certificate under the Bankers Book Evidence Act, however, bears the seal of Bank of Baroda and signature of the official. In Radheshyam G. Garg vs. Safiyabai Ibrahim Lighwalla (MANU/MH/0368/1988), this Court held the certificate under Bankers Book Evidence Act to be directory as under:
"The lower appellate Court by placing reliance on section 2(8) of the Bankers' Books Evidence Act, 1891 has held that 'certified copy' means a copy of any entry in the books of a Bank, together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager of the Bank with his name and official title. According to the learned Judge since the said extracts of statement of account had not been signed by the principal accountant or manager as required and since the same did not bear any date or official seal, the same could not be treated as certified copy and consequently the same could not be read in evidence.
In my judgment the aforesaid view of the learned Judge of the lower appellate Court was hypertechnical. The said extract of account was duly signed by the Agent of the bank. Implicit in it was a certificate that it was a true copy of an entry contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such book was in the custody of the bank. The detailed ingredients mentioned in the defining clause 8 of section 2 of Bankers' Books Evidence Act, 1891 for qualifying to be 'certified copy' are not mandatory but merely directory." {Para 29}
30. In the present case, the original bank statements were not per se inadmissible in evidence. What was objected was to the mode and manner of proof. As held by this Court in the decision cited above, the detailed ingredients of Section 2(8) of Bankers Book Evidence Act are merely directory. The bank statements are the original bank statements bearing the seal and signature of the bank. PW-1 has deposed about the cheque payments made through Bank of Baroda and corroborated the same by producing original bank statement. The bank statements could be received as prima facie evidence of existence of such entries. Further, the Plaintiff was cross examined by the Defendant. Once the document is used in cross examination, then the document gets proved and can be read in evidence as held by the Apex Court in case of Ram Janki Devi vs. Juggilal Kamlapat [MANU/SC/0533/1971 : 1971:INSC:35 : 1971 (1) SCC 477]. The Apex Court in that case had held that it is not possible to accept complaint of lack of proof when the documents are shown in cross examination to the witness.
IN THE HIGH COURT OF BOMBAY
First Appeal No. 1841 of 2024
Decided On: 21.02.2025
Yasin Khan and Ors. Vs. Ajit Developers Pvt. Ltd. and Ors.
Hon'ble Judges/Coram:
Sharmila U. Deshmukh, J.
Citation: MANU/MH/1001/2025,2025:BHC-AS:8423.
Read full Judgment here: Click here.
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