procedure to proof of documents in trial court

783 votes

To prove a loan agreement is valid, show it was voluntarily executed, duly stamped or regularised, and supported by proof of disbursement. Issuance of cheque raises presumption under Sections 118 and 139 NI Act; burden then shifts to the accused to disprove liability.

Advocate Mrunmayi Kotawadekar LawRato

889 votes

In S.138 NI Act, original loan agreement must be proved by producing it in evidence, exhibiting it through complainant’s testimony and cross-examination. Xerox copy is not primary evidence; it is admissible only as secondary evidence after court’s permission under S.65 Evidence Act.

Advocate Pankaj Bajaj LawRato

855 votes

Filing of Document File the document with: Plaint / Written Statement / Charge-sheet Mention in List of Documents Provide original or certified copy Stage 2: Admission & Denial of Documents Court conducts Admission-Denial (Order XII CPC/CrPC practice) Opposite party may: Admit document No further proof required Deny document Strict proof required

Advocate Prashant Gupta LawRato

771 votes

In a S.138 NI Act case, file the original loan agreement on record, mark it as an exhibit through your affidavit of evidence, and prove execution by your testimony (and admission/signature of accused, if any). The court may compare signatures u/s 73 Evidence Act. A xerox copy is not primary evidence; it is admissible only as secondary evidence after laying foundation u/s 65 Evidence Act (loss/non-availability of original).

Advocate Pankaj Bajaj LawRato

784 votes

In a complaint under Section 138 of the Negotiable Instruments Act, proving the existence of a legally enforceable debt is essential. Merely filing a document is not sufficient. The original loan agreement must be formally proved during the stage of complainant’s evidence. The complainant should file an affidavit of evidence under Section 145 of the NI Act and specifically refer to the loan agreement. The original document must be produced before the trial court and marked as an exhibit. Once exhibited and supported by oral evidence, and if execution is admitted or not effectively denied in cross-examination, the document is treated as proved. If only a xerox copy of the loan agreement is submitted, it will not be treated as primary evidence under Section 62 of the Indian Evidence Act. A photocopy is secondary evidence and can be relied upon only after laying proper foundation under Sections 63 and 65 of the Evidence Act by explaining the non-production of the original and seeking court permission. Without such compliance, the trial court may refuse to rely on the document. Hence, production and exhibition of the original agreement is always advisable.

Advocate Vinod Todiwan LawRato