Madras High Court: Cheque Xerox Can Be Admitted as Secondary Evidence

The Madras High Court clarified that under Sections 63 and 65 of the Indian Evidence Act, a xerox copy of a cheque may be admitted as secondary evidence in court proceedings if the original is unavailable. The case arose when a cheque issued by a company was dishonoured, and the plaintiff filed a suit for recovery relying initially on a photocopy of the cheque. The Court observed that secondary evidence can be relied upon when the original is lost, in the possession of the opponent, or otherwise inaccessible, provided proper proof of due execution, loss, or genuineness is furnished. The Court also emphasized that the defendant must be given an opportunity to challenge authenticity and raise objections, and the admissibility is contingent on satisfying procedural safeguards. This judgment reiterates that electronic or photocopy records, while inferior to originals, are admissible under law to prevent undue hardship in commercial disputes where originals are not available.