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V. BHAVANI SUBBAROYAN
K. Loganathan – Appellant
Versus
A. Elango – Respondent
Key Points: - The court held that production of a Section 65B certificate under the Indian Evidence Act is mandatory for producing Call Data Records (CDRs) as evidence in the suit. (!) - The non-production of the Section 65B certificate is a curable defect and can be produced at any time before completion of the trial. (!) - The Civil Revision Petition was allowed, setting aside the trial court’s order dismissing the application for non-production of the 65B certificate. No costs awarded. (!) - The judgment references Arjun Panditrao Khotkar and Vikram Jesudasen as guiding authorities on the mandatory nature and proper timing of producing 65B certificates. (!) (!) - The 65B certificate is a condition precedent to admissibility of electronic records, but the stage at which it must be produced can be at the discretion of the trial judge, with potential reopening of evidence to cure the defect. (!) (!) - If the original electronic record is produced, the 65B certificate may be unnecessary; otherwise, 65B compliance with the procedure remains required. (!)
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 21.02.2023 passed in I.A.No.3 of 2022 in O.S.No.4795 of 2022 by the Learned XXIII Additional Judge, City Civil Court, Chennai.
1. This Civil Revision Petition is filed against the fair and decreetal order dated 21.02.2023 passed by the Learned XXIII Additional Judge, City Civil Court, Chennai in I.A.No.3 of 2022 in O.S.No.4795 of 2022.
2. The petitioner / plaintiff had originally filed a suit for recovery of money with subsequent interest. The respondent had contested the suit by way of filing a written statement and thereafter, the petitioner filed I.A.No.3 of 2022 to receive and take on record (i) Compact Disc and (ii) Call History / Transcription of the Teleconversation, as plaintiff's side documents. The said I.A. was dismissed by the Trial Court, against which, the present CRP has been filed.
3. The learned counsel for the petitioner submitted that the respondent is a cousin to the petitioner. Based on the close relationship, the respondent borrowed a sum of Rs.12,75,000/- (Twelve Lakhs and Seventy Five Thousand) for his personal and bu
Admissibility of electronic evidence – Non-Production of Section 65B of Indian Evidence Act, 1872 certificate is a curable defect and it can be produced at any time before completion of trial.
Electronic records cannot be admitted into evidence unless the mandatory requirements of Section 65-B of the Evidence Act are satisfied, including obtaining a certificate in terms of Section 65-B(4) ....
The admissibility of electronic evidence requires strict adherence to statutory requirements under the Indian Evidence Act, including proper certification and pleadings.
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