Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Overall, the consistent legal stance is that peons cannot tender or attest bank statements as evidence; such documents require proper certification, witness testimony, and corroboration to be admissible and reliable in court proceedings. ["RAM LAL vs THE STATE OF HIMACHAL PRADESH - Supreme Court"] ["SUVASISH DASGUPTA vs UCO BANK AND ORS. - Calcutta"] ["Bhulendra Ram VS State Of Bihar - Patna"]
Analysis and Conclusion:
In legal proceedings, the admissibility of documents like bank statements can make or break a case. But what happens when a low-level employee, such as a peon, attempts to submit these records? The question arises: peon cannot tender attested bank statement of accounts in evidence. This issue highlights critical evidentiary rules under Indian law, emphasizing that mere possession isn't enough. This post explores the legal framework, key cases, and best practices to ensure documents hold up in court.
Generally, a peon cannot tender an attested bank statement of accounts in evidence solely based on possession or custody. Admissibility requires strict compliance with evidentiary procedures, including proper authentication and certification. Courts scrutinize such documents to prevent misuse and uphold justice. ICICI Bank Limited vs Kamini Sharma - Delhi (2018)
This principle stems from statutes like Sections 61 and 62 of the Indian Evidence Act, 1872 (now Bharatiya Sakshya Adhiniyam, 2023), and the Bankers' Books Evidence Act, 1891. These laws mandate that bank records be proved through originals or certified copies, not casual submission by subordinate staff. ICICI Bank Limited vs Kamini Sharma - Delhi (2018)
Sections 61 and 62 of the Evidence Act require documents to be proved by producing originals or certified copies. For bank records, the Bankers' Books Evidence Act provides a streamlined process, but it demands a certificate from an authorized officer. The court in one ruling noted: The provisions specify that documents can be proved by production of originals or authenticated copies, and the court's role includes examining whether proper proof has been established. ICICI Bank Limited vs Kamini Sharma - Delhi (2018)
Without this, statements risk exclusion. Photocopies or uncertified versions fall under secondary evidence rules (Section 65), but still need foundational proof—something a peon lacks authority for. Meena Kumari Sinha VS Maruti Suzuki India Ltd.
Peons, often Class IV employees handling custodial duties, cannot attest or certify documents. In a case involving bank operations, it was observed that peons manning counters due to staff shortages still cannot perform clerical or evidentiary functions beyond basic tasks. For instance: Learned counsel for the appellant contended that the appellant was working as a Peon in the bank and as per bank rules, no clerical job can be assigned to Peon/s.... RAM LAL VS STATE OF HIMACHAL PRADESH - 2019 2 Supreme 178
Courts have held: The proof and admissibility of the documents filed along with the Affidavit is to be judicially determined by the Trial Court as soon as the document is tendered in evidence. Sharifa Dost Mohammed (Deleted) vs Ajit Developers Pvt. Ltd. - 2025 0 Supreme(Bom) 474 A peon's tendering alone fails this test, as they lack the official capacity to authenticate. ICICI Bank Limited vs Kamini Sharma - Delhi (2018)
In another context, a peon's delivery of a balance confirmation statement did not prove encashment without further verification: The balance confirmation statement received from the defendant Bank on 18.4.1995 through the Peon does not show encashment... KERALA STATECO-OPERATIVE BANK LIMITED VS STATE BANK OF INDIA - 2017 Supreme(Ker) 366
Judicial precedents reinforce these rules. In a corruption case, a peon's involvement in deposits was noted, but evidentiary weight came from proper bank records, not personal testimony: His job was to receive money from the account holders for deposit in Saving Bank accounts. RAM LAL vs THE STATE OF HIMACHAL PRADESH
Secondary evidence disputes highlight pitfalls: Photocopies of bank drafts and money receipts come within purview of Section 65 of Evidence Act... Trial Court, on misconception, has rejected petition going beyond scope of Section 65. Meena Kumari Sinha VS Maruti Suzuki India Ltd. This underscores that even non-electronic documents need rigorous proof, beyond a peon's submission.
In tender processes, bank statements must demonstrate financial status via authenticated extracts: Insofar as bank account is concerned, the evidence of the Bank extracted from its books of account and statement thereof issued is the appropriate evidence... Oriental Veneer Products Ltd. VS Union Of India - 2018 Supreme(Bom) 2801
Disciplinary inquiries involving peons further illustrate procedural rigor: The court found that the inquiry held was procedurally flawed... the Establishment bears the burden of producing evidence before the Inquiry Officer, both documentary and oral. Santosh Kumar Mishra VS State of U. P. - 2024 Supreme(All) 623
While strict, exceptions exist:- Official Records: If part of bank records, a certificate from an officer suffices. ICICI Bank Limited vs Kamini Sharma - Delhi (2018)- Authenticated Copies: Courts may accept under Section 65B for electronic records or Section 65 for others, but custodian must produce certified versions. ICICI Bank Limited vs Surbhi Gupta - Delhi (2018)- Corroboration: In some cases, like extra-judicial confessions supported by bank statements, proper proof overrides minor custodial issues—but peons still can't lead. RAM LAL VS STATE OF HIMACHAL PRADESH - 2019 2 Supreme 178
However, peons' role remains limited; they cannot independently attest. In lien disputes, banks exercise rights via official statements, not peon-delivered ones. Syndicate Bank VS S. Muniasamy
To avoid evidentiary pitfalls:- For Banks: Ensure statements are certified by authorized officers before court submission. ICICI Bank Limited vs Surbhi Gupta - Delhi (2018)- Litigants: Rely on bank managers or legal teams, not peons, for tendering.- Courts/Lawyers: Scrutinize certification; demand originals or compliant copies.
In tenders or claims, produce ledger extracts alongside statements for credibility. Welcome Distilleries Pvt. Ltd. VS State of Bihar - 2014 Supreme(Pat) 1138
In summary, a peon typically cannot tender attested bank statements in evidence due to lacking certification authority. Proper authentication under the Evidence Act and Bankers' Books Evidence Act is essential for admissibility. ICICI Bank Limited vs Kamini Sharma - Delhi (2018)Sharifa Dost Mohammed (Deleted) vs Ajit Developers Pvt. Ltd. - 2025 0 Supreme(Bom) 474
Key Takeaways:- Possession ≠ Proof: Always certify via officials.- Judicial Scrutiny: Courts reject uncertified documents.- Best Practice: Use authorized personnel for evidentiary submissions.
This post provides general information based on legal precedents and is not specific legal advice. Consult a qualified lawyer for your case.
References:1. Sharifa Dost Mohammed (Deleted) vs Ajit Developers Pvt. Ltd. - 2025 0 Supreme(Bom) 474: Proof requires judicial determination.2. ICICI Bank Limited vs Kamini Sharma - Delhi (2018): Statutory proof via certified copies.3. ICICI Bank Limited vs Surbhi Gupta - Delhi (2018): Certification by bank officers essential.
#BankEvidence #EvidenceAct #LegalAdmissibility
But in his evidence, A.K. ... Saving Bank accounts counter. ... in the bank and as per bank rules, no clerical job can be assigned to Peon/sub-staff which was confessional statement (Ex. ... His job was to receive money from the account holders for deposit in Saving Bank accounts.
Briefly stated case of the prosecution is that accused was employed as a Peon in the United Commercial Bank in January 1987. He was assigned the job of the Clerk as there was a shortage of clerical staff in the bank and his job was of manning Saving Bank accounts counter. ... Learned counsel for the appellant contended that the appellant was working as Peon in the bank and as per bank rules, no clerical job can be assigned to Peon/s....
Therefore, the impugned orders cannot be sustained. 29. ... He is a Peon and has not done any monetary transaction. ... The petitioner wrote a letter to the Sub Treasury Officer, Budaun with a request that though a Peon, he had been directed to undertake the duties of a Clerk, under the oral directions of the STO; and therefore, if any mistake occurs on the petitioner’s part, he cannot be held responsible, for obvious ... It is stated that when the charge-sheet was given by the City Magistrate then in support thereof all....
They contacted bank official in Axis Bank to get special facilities/assistance to put those money which had no legal tender into the banking system to make it a legal tender, through their fictitious company having current accounts in Axis Bank, Kashmere Gate Branch. ... It is well established not only statement recorded under Section 50 of Prevention of Money Laundering Act, but also corroborated by bank account statement, CDR and....
It returned with the endorsement of the postal peon “refused”. The appellant tenant took specific plea not only in his written statement but also in his evidence that the postal peon did not tender any notice to him and accordingly there was no question of refusal on his part to accept the same. ... In the case in hand, admittedly the appellant tenant took specific plea not only in his written statement but also in his evidence that there was no tender#HL_EN....
They contacted bank official in Axis Bank to get special facilities/assistance to put those money which had no legal tender into the banking system to make it a legal tender, through their fictitious company having current accounts in Axis Bank, Kashmere Gate Branch. ... It is well established not only statement recorded under Section 50 of Prevention of Money Laundering Act, but also corroborated by bank account statement, CDR and....
The account statement has to be proved through corroborative evidence. ... Even bank statement maintained in electronic form are required to be proved in a particular mode as laid down under the Indian Evidence Act, 1872. Even if the account statement is authenticated under the Banker’s Book of Evidence Act, 1891 the same speaks about its genuineness only. ... The Court can neither re-evaluate evidence nor interfere with the conclusions in the enquir....
The confessional statement, of course, were strong circumstances but in absence of other substantive evidence to prove that the books of accounts were operated by the peon alone it is difficult to convict him on the confessional statement. ... , to the extent the same apply to Savings Bank accounts. ... Now this appellant had rnanipolated the entries in the pass book has not been proved by cogent and reliable evidence. The facts cannot#HL_E....
The response to the said petition has also been filed wherein it has been stated that the documents are photocopies of partly printed and partly hand-written documents, hence, cannot be allowed to be tender as secondary evidence on behalf of the plaintiff. 7. ... of section 74; (f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in 1[India] to be given in evidence; (g) when the originals consist of numerous accounts or other documen....
They contacted bank official in Axis Bank to get special facilities/assistance to put those money which had no legal tender into the banking system to make it a legal tender, through their fictitious company having current accounts in Axis Bank, Kashmere Gate Branch. ... It is well established not only statement recorded under Section 50 of Prevention of Money Laundering Act, but also corroborated by bank account statement, CDR and....
Insofar as bank account is concerned, the evidence of the Bank extracted from its books of account and statement thereof issued is the appropriate evidence, which cannot be disputed in law and such statements should also be examined with reference to cash book, journal and ledger of the appellant that shall be produced before Ld. Adjudicating authority. 4. The Tribunal noted these contentions and thereafter the following operative order has been passed :- "3. Revenue is required to produce copy of those statements before the Tribunal on the next date fixed for examination.....
The balance confirmation statement received from the defendant Bank on 18.4.1995 through the Peon does not show encashment of Rs. 3,00,000/- vide Ext.X1 cheque. Subsequently statement of accounts was brought from the defendant Bank and then only she came to know about encashment of Rs. 3,00,000/-. According to her, Ext.X1 cheque leaf might have been stolen from the plaintiff Bank.
As far as the statement of accounts is concerned there is no evidence of the complainants having approached the petitioner bank and the said bank having refused to provide the statement of accounts to them. Thus, from whatever angle we may see, no deficiency in the services rendered by the bank can be established on account the bank exercising lien over the jewellery due to outstanding in other loan accounts.
There was adequate evidence in the form of bank accounts and the cash credit limit granted by the Bank to satisfy the tender requirement. The action of the State Government in rejecting the technical bid of the petitioner is not at all justified. In any view of the matter, the petitioner did produce further materials to show its financial status.
It is contended that therefore the claims as filed by present respondent were unsustainable and liable to be rejected. It is argued that what is produced is only a statement of accounts but then actually payment through Bank Draft or Bank accounts which could have been demonstrated, has not been proved because those documents or witnesses are not produced before the Claims Tribunal.
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