GADIRAJU SAVITRI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Challenge in this C.R.P. at the instance of defendant is to the order dtd. 7/12/2023 in I.A.No.745/2023 in O.S.No.423/2013 where under the learned II Additional District Judge, Visakhapatnam allowed the petition filed under Sec. 65 of CPC R/w Sec. 151 of CPC by the plaintiff-bank to adduce secondary evidence by way of marking the plaint documents No.16 to 35 and documents No.1 to 9.

(2.) The defendant filed the counter and opposed the petition on the main ground that in the corresponding criminal case No.242/2012, the bank officials i.e., the Branch Manager and Assistant General Manager were examined as PWs.2 and 6 respectively and they have deposed that they did not hand over any documents to the police and similarly the investigating officers were examined as PWs.5 and 10 and they too stated that they did not receive any documents from the bank and therefore the question of the plaintiff-bank handing over the documents to the officers of III Town P.S., Visakhapatnam for investigating purpose and their failing to return those documents does not arise and ultimately the bank failed to satisfy the condition laid down in Sec. 65(c) of Indian Evidence Act to the effect that the original was lost and hence the petition shall be dismissed.

(3.) The trial Court having regard to the acknowledgment of the S.I of Police, III Town P.S found on the plaint document No.9 which is a covering letter for handing over the documents addressed by the bank to the S.I of Police, III Town PS, Visakhapatnam, held that in view of such acknowledgment given by S.I of Police, the deposition of PWs.2, 5, 6 and 10 in CC No.242/2012 cannot be based upon to reject the request of the plaintiff-bank. The trial Court was ultimately satisfied with the explanation of the bank in terms of Sec. 65(c) of Indian Evidence Act and allowed the petition. Hence the C.R.P.