Madras High Court Allows Xerox Copy of Lost Cheque as Secondary Evidence

High Court Overrules Trial Court's Decision, Emphasizes Adherence to Indian Evidence Act Provisions

In a significant ruling, the Madras High Court (Madurai Bench) has set aside an order by the Judicial Magistrate I, Pudukottai, which refused to accept a xerox copy of an original cheque as secondary evidence. The judgment, delivered by Justice Shamim Ahmed on September 16, 2025, underscores the provisions of the Indian Evidence Act, 1872, particularly Sections 63 and 65, which permit the admission of secondary evidence when the original document is lost.

The case involved petitioner Mohammed Iqbal, who alleged that a cheque issued to him as security for a loan was lost by his previous attorney. The cheque, issued by respondent S. Manonmanian, was returned due to insufficient funds, prompting Iqbal to file a petition under Sections 138 and 147 of the Negotiable Instruments Act for repayment and penalties.

Initially, the Trial Court dismissed Iqbal's application to admit the xerox copy of the cheque, citing a lack of evidence to substantiate the loss. The High Court, however, highlighted that the Trial Court had verified and returned the original cheque to Iqbal after recording his sworn statement, thus fulfilling the provisions of Sections 63(2) and 63(3).

Justice Ahmed emphasized that the Indian Evidence Act allows for secondary evidence in instances where the original document is lost, as outlined in Section 65(c). The judgment noted that the Trial Court’s refusal constituted a miscarriage of justice, obstructing Iqbal’s ability to pursue his monetary claim of Rs. 5,50,000.

The ruling aligns with a precedent set by a Coordinate Bench of the Madras High Court in 2019, which upheld the admissibility of secondary evidence in similar circumstances. The High Court directed the Judicial Magistrate I, Pudukottai, to expedite the trial, receive the xerox copy as secondary evidence, and proceed in accordance with the law.

This decision underscores the judiciary's commitment to ensuring justice by adhering to statutory provisions, allowing litigants to present their cases even in the absence of original documents due to factors beyond their control.

Bottom Line:

Admissibility of xerox copies as secondary evidence when the original document is lost, under Sections 63 and 65 of the Indian Evidence Act. Trial Court's refusal to accept xerox copy of the cheque as secondary evidence was held unjustifiable. 

Statutory provision(s): Sections 63, 64, 65 of the Indian Evidence Act, 1872; Sections 138 and 147 of the Negotiable Instruments Act

Mohammed Iqbal v. S.Manonmanian, (Madras)(Madurai Bench) : Law Finder Doc Id # 2779677