w w w . L a w y e r S e r v i c e s . i n



A. Sudershan v/s M/s. Gowra Leasing & Finance


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- LEASING FINANCE INDIA LTD [Active] CIN = U65910WB1985PLC039944

Company & Directors' Information:- V G LEASING AND FINANCE LIMITED [Active] CIN = U65910PB1995PLC016434

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- A R T LEASING LIMITED [Active] CIN = U65910KL1990PLC005904

Company & Directors' Information:- GOWRA LEASING AND FINANCE LIMITED [Active] CIN = L65910TG1993PLC015349

Company & Directors' Information:- LEASING CORPORATION OF INDIA LIMITED [Strike Off] CIN = U65910MH1985PLC036022

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- P K LEASING & FINANCE LTD [Active] CIN = L65910WB1992PLC055895

Company & Directors' Information:- G D L LEASING AND FINANCE LIMITED [Active] CIN = L74899DL1994PLC057107

Company & Directors' Information:- K Z LEASING AND FINANCE LIMITED [Active] CIN = L65910GJ1986PLC008864

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- G A LEASING PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051023

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- D C FINANCE AND LEASING COMPANY P LTD [Active] CIN = U67120RJ1989PLC005172

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- H S B LEASING LTD [Active] CIN = U65921CH1992PLC012470

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- P S S LEASING PRIVATE LIMITED [Active] CIN = U65910PB1990PTC010922

Company & Directors' Information:- V S G LEASING AND FINANCE COMPANY LIMITED [Active] CIN = U65910PB1991PLC011505

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- V I P LEASING AND FINANCE PRIVATE LIMITED [Dormant under section 455] CIN = U74899DL1992PTC047135

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- J B LEASING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC210292

Company & Directors' Information:- K C M LEASING AND FINANCE PRIVATE LIMITED [Active] CIN = U65910DL1992PTC047317

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- J F C LEASING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031049

Company & Directors' Information:- P N F LEASING AND FINANCE LIMITED [Active] CIN = U65921DL1997PLC086022

Company & Directors' Information:- K C LEASING LIMITED [Active] CIN = U65921PB1991PLC011768

Company & Directors' Information:- R K L LEASING PVT LTD [Active] CIN = U67120WB1986PTC040200

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- A D FINANCE & LEASING PVT LTD [Active] CIN = U65910WB1985PTC039909

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- J D LEASING PRIVATE LIMITED [Strike Off] CIN = U65910TG1994PTC018792

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- G S L LEASING AND FINANCE LIMITED [Under Process of Striking Off] CIN = U65910TG1994PLC018867

Company & Directors' Information:- A R M LEASING LIMITED [Dissolved] CIN = U65993WB1980PLC032506

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- R A FINANCE & LEASING COMPANY PVT LTD [Active] CIN = U65910WB1993PTC057698

Company & Directors' Information:- N E LEASING AND FINANCE PVT LTD [Active] CIN = U65921AS1994PTC004267

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- A TO Z LEASING AND FINANCE PRIVATE LIMITED [Amalgamated] CIN = U65910DL1992PTC047460

Company & Directors' Information:- K M LEASING LIMITED [Active] CIN = U65910UP1984PLC006489

Company & Directors' Information:- A R R FINANCE AND LEASING PRIVATE LIMITED [Active] CIN = U65910TN1990PTC019792

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- G Y LEASING AND FINANCE PRIVATE LIMITED [Amalgamated] CIN = U74899DL1993PTC051553

Company & Directors' Information:- K A R LEASING AND FINANCE CO PRIVATE LIMITED [Strike Off] CIN = U71301DL1995PTC070403

Company & Directors' Information:- P R LEASING PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC064947

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- P T H FINANCE & LEASING PRIVATE LIMITED [Strike Off] CIN = U00733BR1997PTC008055

Company & Directors' Information:- T M G FINANCE AND LEASING PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010760

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- D N LEASING AND FINANCE LTD. [Strike Off] CIN = U65910DL1988PLC032599

Company & Directors' Information:- T L LEASING AND FINANCE PRIVATE LIMITED [Active] CIN = U65910DL1996PTC081814

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- K P S LEASING PRIVATE LIMITED [Active] CIN = U65910DL1997PTC089971

Company & Directors' Information:- K D S LEASING AND FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC047176

Company & Directors' Information:- M M LEASING LTD [Active] CIN = U65921CH1986PLC007137

Company & Directors' Information:- C S LEASING PRIVATE LIMITED [Active] CIN = U74899DL1991PTC046382

Company & Directors' Information:- N S LEASING AND FINANCE LIMITED [Active] CIN = U65993DL1989PLC036831

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- A S LEASING AND FINANCE LIMITED [Active] CIN = U65910TG1994PLC018840

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- V K R LEASING AND FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1994PTC058631

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- K AND S FINANCE AND LEASING PRIVATE LIMITED [Strike Off] CIN = U65921UP1992PTC014578

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- D A LEASING AND FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC057355

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- S B LEASING PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028630

Company & Directors' Information:- M G LEASING PVT LTD [Strike Off] CIN = U65921CH1987PTC007342

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- R. S. O. FINANCE AND LEASING PVT. LTD. [Strike Off] CIN = U65921UP1995PTC017374

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- M. A. FINANCE AND LEASING PRIVATE LIMITED [Strike Off] CIN = U65910UP1995PTC018442

Company & Directors' Information:- G M G FINANCE AND LEASING PRIVATE LIMITED [Strike Off] CIN = U65921UP1986PTC008359

Company & Directors' Information:- K Y LEASING AND FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1997PTC085122

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- K. B. H. FINANCE AND LEASING COMPANY LIMITED [Strike Off] CIN = U65993UP1995PLC018842

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- R B S LEASING PRIVATE LIMITED [Strike Off] CIN = U65910KA1984PTC005947

Company & Directors' Information:- B H K FINANCE AND LEASING COMPANY LIMITED [Under Process of Striking Off] CIN = U67120UP1996PLC020882

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- P R R LEASING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059944

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- K R K LEASING & FINANCE COMPANY LIMITED [Strike Off] CIN = U65910DL1996PLC083271

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- A M G FINANCE & LEASING PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC080060

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- H L C FINANCE AND LEASING PVT LTD [Strike Off] CIN = U67120PB1993PTC013901

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- A E C LEASING AND FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1986PTC024068

Company & Directors' Information:- J P T LEASING AND FINANCE PVT LTD [Strike Off] CIN = U65910PB1989PTC009654

Company & Directors' Information:- V K B LEASING & FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910TG1995PTC021675

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

    Civil Revision Petition No. 2933 of 2018

    Decided On, 08 June 2020

    At, High Court of for the State of Telangana

    By, THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER

    For the Petitioner: V. Ravichandran, Senior Counsel for Parsa Ananth Nageswar Rao, Advocate. For the Respondent: K.K. Waghray, Advocate.



Judgment Text


This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/defendant No.3, challenging the order, dated 04.04.2018, passed in I.A.No.351 of 2018 in O.S.No.194 of 2012 by the I Additional Chief Judge, City Civil Court, at Secunderabad, whereby, the subject interlocutory application filed by the respondent No.1/plaintiff under Section 65(b) of Indian Evidence Act, 1872 (for short ‘Evidence Act’), seeking permission to file the attested copy of the cheque bearing No.377941 dated 10.10.2011 for Rs.53,37,500/- drawn on Karnataka Bank Ltd., Rajbhavan Road Branch, Hyderabad, along with cheque return memo dated 18.10.2011, as secondary evidence, was allowed.

2. Heard Sri V.Ravichandran, learned Senior Counsel appearing for Sri Parsa Anantha Nageswar Rao, learned counsel for petitioner/defendant No.3, Sri K.K.Waghrey, learned counsel for the respondent No.1/plaintiff and perused the record.

3. Sri V.Ravichandran, learned Senior Counsel for the revision petitioner/defendant No.3 would contend that no foundation was laid by the revision petitioner/defendant to lead secondary evidence. Without there being original one, the photocopy of the cheque bearing No.377941 dated 10.10.2011 drawn on Karnataka Bank Ltd., Rajbhavan Road Branch, Hyderabad, along with cheque return memo dated 18.0.2011, cannot be received as secondary evidence. The Court below erroneously allowed the subject interlocutory application and ultimately prayed to set aside the order under challenge and allow the Civil Revision Petition as prayed for. In support of his contention, learned counsel relied upon the following decisions:

i) N. Solman Raju vs. Nurukurthi Veera Lakshmi (2018(1) ALD 652)

ii) U.Sree vs. U. Srinivas (2013) 2 SCC 114)

4. On the other hand, Sri K.K.Waghrey, learned counsel for the respondent No.1/plaintiff has submitted that the Court below is justified in allowing the subject Interlocutory Application. There is no material illegality in the order under challenge and ultimately prayed to sustain the order under challenge and dismiss the Civil Revision Petition. In support of his contention, learned counsel relied upon the following decisions:

i) Kaliya vs. State of Madhya Pradesh (2013) 10 SCC 758)

ii) Enkay Texofood Industries Ltd. and others vs. The State of Andhra Pradesh and others (2015 (2) ALD (Crl.) 290 (AP).

5. In view of the above rival contentions, the point that arises for determination in this Civil Revision Petition is as follows:

“Whether the impugned order, dated 04.04.2018, passed in I.A.No.351 of 2018 in O.S.No.194 of 2012 by the I Additional Chief Judge, City Civil Court, at Secunderabad, in permitting the respondent No.1/plaintiff to file the attested photo copy of the cheque bearing No.377941 dt.10.10.2011 for Rs.53,37,500/- drawn on Karnataka Bank Ltd., Rajbhavan Road Branch, Hyderabad, along with cheque return memo dated 18.10.2011 as secondary evidence, is liable to be set aside?”

6. POINT: The material placed on record reveals that the subject suit in O.S.No.194 of 2012 is filed by the respondent No.1/plaintiff for recovery of an amount of Rs.62,56,581/- from the respondents 2 and 3 herein/defendants 1 and 2 and petitioner herein/defendant No.3. It is the specific case of the respondent No.1/plaintiff that towards discharge of liability of the defendant No.1, the defendant No.3 being the guarantor, issued subject cheque bearing No.377491 dated 10.10.2011 drawn on Karnataka Bank Ltd., Rajbhavan Road Branch, for Rs.53,37,500/- to the plaintiff and on presentation of the said cheque, it was dishonoured. The attested photo copy of the said cheque dated 10.10.2011 and its return memo dated 18.10.2011 are pressed into service to substantiate the case of the plaintiff. The reason for not filing the original cheque dated 10.10.2011 is that it was misplaced.

7. As per Section 65(c) of the Evidence Act, when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time, the Court can permit the party to lead secondary evidence. In view of the above proposition of law, there is no bar to receive the photo copy of the cheque dated 10.10.2011 and the cheque return memo dated 18.10.2011 as secondary evidence.

8. In N. Solman Raju’s case (1 supra), relied upon by the learned counsel for the petitioner/defendant No.3, the erstwhile Common High Court for the States of Telangana and Andhra Pradesh, Hyderabad, held as follows:

“Para 10: In the present case, a Photostat copy of the document was filed along with the complaint and on account of loss of document, subsequent to the filing of complaint in the office of present counsel appearing in the trial Court he could not produce the original and it is covered by Section 65 Clause (c) of Indian Evidence Act. But a Photostat copy is inadmissible in evidence in view of judgment of Hon'ble Apex Court reported in U. Sree v. U. Srinivas (2013 (1) ALT 18 (SC) : (2013) 2 SCC 114). In paragraph Nos. 17 and 18 of the judgment the Hon'ble Apex Court held that admission of a document in evidence does not amount to its proof. Therefore, it is the obligation of the Court to decide the question of admissibility of a document in secondary evidence before making endorsement thereon. In the case at hand, the learned Family Judge has really not discussed anything relating to foundational evidence. The High Court has only mentioned that when the letter was summoned and there was a denial, the secondary evidence is admissible. In the considered opinion, such a view is neither legally sound nor in consonance with the pronouncements of the Supreme Court. If the principle laid down in the above judgment is applied to the present facts of the case a Photostat copy cannot be received and admitted in evidence as secondary evidence.

Para 13: xxxx… Therefore, declining to grant permission or leave to the petitioner to adduce secondary evidence i.e., receiving and marking of Photostat copy is in accordance with law. In view of the law declared by the Hon'ble Apex Court, a Photostat copy cannot be received as secondary evidence and merely because the document is filed along with the plaint, no authenticity can be attached to such document since Photostat copy is inadmissible as observed in U. Sree's case referred supra, therefore, declining leave by the trial Court cannot be faulted and consequently I find no grounds to reverse the finding given by the trial Court.”

9. In Enkay Texofood Industries Ltd.’s case (4 supra), relied upon by the learned counsel for the respondent No.1/plaintiff, the erstwhile Common High Court for the States of Telangana and Andhra Pradesh, Hyderabad, held as follows:

“Para 8: The Apex Court in the decision reported in Kaliya v. State of Madhya Pradesh happened to discuss about what has to be established by a party to seek production of secondary evidence under Section 65(c) of the Evidence Act. In that case which was a bride burning and death case, the original dying declaration recorded in the hospital could not be traced and upon the evidence of concerned doctors about misplacement of original dying declaration, a carbon copy of the dying declaration was allowed to be produced by the Courts below and approved by the Apex Court. In that context, Apex Court observed as follows:

"10. Section 65(c) of the Act 1872 provides that secondary evidence can be adduced relating to a document when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason, not arising from his own default, or neglect, produce it in reasonable time. The court is obliged to examine the probative value of documents produced in court or their contents and decide the question of admissibility of a document in secondary evidence. (Vide: H. Siddiqui (dead) by L.Rs. v. A. Ramalingam MANU/SC/0174/2011 : AIR 2011 SC 1492; and Rasiklal Manikchand Dhariwal and Anr. v. M.S.S. Food Products (MANU/SC/1408/2011 : (2012) 2 SCC 196). However, the secondary evidence of an ordinary document is admissible only and only when the party desirous of admitting it has proved before the court that it was not in his possession or control of it and further, that he has done what could be done to procure the production of it. Thus, the party has to account for the nonproduction in one of the ways indicated in the section. The party further has to lay down the factual foundation to establish the right to give secondary evidence where the original document cannot be produced. When the party gives in evidence a certified copy/secondary evidence without proving the circumstances entitling him to give secondary evidence, the opposite party must raise an objection at the time of admission. In case, an objection is not raised at that point of time, it is precluded from being raised at a belated stage. Further, mere admission of a document in evidence does not amount to its proof. Nor, mere marking of exhibit on a document does not dispense with its proof, which is otherwise required to be done in accordance with law.

a) From the above decision it is clear that before a party is eligible to produce secondary evidence under Section 65(c), he has to account for the non-production of original document in one of the ways envisaged in that section i.e. he has to prove before the Court that the original is not in his possession or control as it was lost and that he has done what could be done to procure the production of it. Thus, he has to lay a factual foundation to establish the right to give secondary evidence. It can also be learnt from the above decision that mere admission of the secondary evidence does not amount to its proof but it is required to be proved in accordance with law."

Para 9: Coming to the instant case, the complainant seeks to adduce secondary evidence under Section 65(c) of Evidence Act on the plea that the original cheque filed in Court and taken return by his counsel was misplaced and lost in his hands. Hence, the questions are whether the complainant could satisfactorily establish firstly, that he in fact, filed the original cheque in Court and secondly, that the said cheque was replaced with an exact copy by his counsel and taken return of the same and lost.”

10. There cannot be any dispute with regard to the preposition of law laid down in the aforementioned decisions. In the instant case, the original cheque dated 10.10.2011, which is said to have been issued by the defendant No.3 towards discharge of debt of defendant No.1, is misplaced. There is no bar to permit to file the photo copy of a document as secondary evidence. The relevancy of the documents in question is a matter of concern before permission is granted to lead secondary evidence. The attestation made by the banker on the documents in question without verification of the original would not disable the Court from receiving the sa

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id documents. Even if secondary evidence is permitted to be lead, it will not amount to waiving the proof of the subject documents. The contention raised before this Court by the learned Senior Counsel for the revision petitioner that the photo copy/attested photo copy of a document cannot be received as secondary evidence, is unsustainable. The attested photo copy of the cheque dated 10.10.2011 and the cheque return memo dated 18.10.2011 are relevant for determination of the issues in the subject suit. The respondent No.1/plaintiff has laid sufficient foundation to receive the attested photo copy of the cheque dated 10.10.2011 and the cheque return memo dated 18.10.2011 as secondary evidence. The documents in question are required to be proved in accordance with law. The Court below had elaborately dealt with this matter and granted leave to receive the subject documents. There is no material illegality found in the impugned order. This Civil Revision Petition is devoid of merits and is liable to be dismissed. 11. In the result, the Civil Revision Petition is dismissed. No order as to costs. Miscellaneous Petitions, if any, pending in this revision, shall stand closed. No order as to costs.
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