Madras High Court: Xerox Copy of Lost Cheque Can Be Used as Evidence

14.10.25 09:55 AM - Comment(s) - By RB Associates and Tax Matters

🧾 Background – What Happened?

In a recent case, a person had given a cheque to another party for a transaction.

Later, when a dispute arose, the cheque was lost, and only a xerox copy of that cheque was available.

During the court case, the party who had the xerox copy wanted to use it as evidence to prove their claim. But the other side argued – “This is just a photocopy! You can’t use it in court unless you have the original cheque!”

So the matter reached the Madras High Court to decide one key question:

❓Can a xerox copy of a lost cheque be used as valid evidence in court?

⚖️ What the Court Said

The Madras High Court carefully examined Section 65 of the Indian Evidence Act, 1872, which talks about when “secondary evidence” can be used.

According to Section 65, secondary evidence (like a photocopy, printout, or digital scan) is admissible when:

The original document is lost or destroyed, and
The genuineness of the copy is verified or not disputed.

In this case:

The original cheque was verified earlier (during the complaint filing stage or bank verification).
The xerox copy matched the original cheque’s details.
There was no dispute that such a cheque actually existed.

Hence, the court ruled that the xerox copy can be accepted as secondary evidence.

🏛️ Court’s Key Observation

“If the original cheque was verified and is now lost, the xerox copy can be produced under Section 65 as secondary evidence, provided there is no reason to doubt its authenticity.”

The Court made it clear that justice should not suffer just because a document was accidentally lost — as long as the copy is genuine and properly verified.

💡 Layman’s Understanding

Imagine you lent money to someone and they gave you a cheque.
Later, before you could present it in court, the cheque was lost or damaged, but you had a xerox copy and a bank verification slip.

Earlier, people thought such a copy was useless in court — but now, thanks to this ruling, if you can prove the cheque existed and was verified, that xerox copy can help your case.

🧠 Key Takeaways

✅ Xerox or scanned copies can be used in court only if the original is lost or destroyed.
✅ You must show proof that the original was genuine (like bank proof, witness, or prior verification).
✅ Courts will not reject a genuine case merely for lack of an original cheque.
✅ Always keep digital or photocopy records of important cheques and documents — they might save you one day!

📌 Legal Reference

Section 65, Indian Evidence Act, 1872 – Conditions for admission of secondary evidence.
Madras High Court Judgment (2025) – Admitted xerox copy of lost cheque after verifying the original.

🗣️ Simple Summary

Even if your original cheque is lost, don’t panic.
If you have a xerox copy and can prove it’s genuine, the court can accept it as evidence.
The Madras High Court says — what matters is truth and proof, not just paperwork.