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V. BHAVANI SUBBAROYAN
K. Loganathan – Appellant
Versus
A. Elango – Respondent
ORDER
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 business needs from the petitioner on various dates over a period of time between 2017 to 2019 with an agreed 2% interest rate over the sum borrowed. After receipt of the money, the respondent neither paid any amount towards principal nor paid any amount towards interest
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.
The absence of a Section 65-B certificate for electronic evidence is a curable defect and does not invalidate trial proceedings.
The certificate under Section 65-B of the Evidence Act must accompany the electronic record when it is produced in evidence, and the prosecution is obligated to supply all documents upon which relian....
For electronic records to be admissible as evidence, compliance with S.65B of the Evidence Act is mandatory.
The court reaffirmed the necessity of a certificate under Section 65B of the Indian Evidence Act for the admissibility of electronic records, ensuring the integrity and authenticity of evidence prese....
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