1 WP 770/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 770 OF 2010 Shri Jayprakash A. Thakkar .... Petitioner (Raymangie), Dombivli Vs. Shri Atul Shamji Satra & .... Respondents State of Maharashtra Mr. V.V. Purwant, Advocate for Petitioner. Ms. Seema Chopra, Advocate for respondent no.1. Coram : Smt. R.P.SondurBaldota, J. Date : 1st February, 2011 P.C. 1. This petition challenges the order dated 21st November 2009, by which the trial Court rejected the application filed by the petitioner against whom the prosecution under Section 138 Negotiable Instruments Act has been launched by respondent no. 1. to mark certified copies of the cheque, certified copies of pay- in-slip and account closing slip as exhibits. The application was filed at the stage of cross-examination of the complainant. It appears that during the cross-examination, the petitioner had sought to confront the complainant with these documents. The argument advanced before the trial Court was that since the petitioner was producing certified copies of the documents, the same are admissible in evidence under the provisions of Bankers 2 WP 770/2009 Books Evidence Act. The trial Court rightly looked into the definition of Bankers Books given in Section 2(3) of the Act. The Bankers Books include “ledger book, day books, cash books, cash book, account books and other records used in the ordinary course of business of bank, whether these records are kept in written format or stored in micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism, either onsite or at any offsite location including a back-up or disaster recovery site of both. 2. Mr. Purwant submits that since the cheques and pay-in-slips are used in the ordinary course of business of the bank, these documents should be treated to be covered by the definition of Bankers Books. It is not possible to accept the submission, since the Bankers Books Evidence Act, extends to the documents in the custody of the bank. When it refers to records, used in the ordinary course to the bank, it necessarily means the record in the custody of the bank. Cheque book or pay-in slips or account closing slips issued by the Bank do not fall under the definition of Bankers books. In the circumstance, there is no infirmity in the impugned order. It is open for the petitioner to prove these documents by any way other than resort to the Bankers Books of Evidence Act. (Smt. R.P.SondurBaldota, J)