Kanoon Ki Dastak
SRINAGAR – The High Court of Jammu & Kashmir and Ladakh has held that it is not mandatory for a bank’s branch manager to appear personally to prove the dishonour of a cheque.
The court stated that any duly authorised bank official with access to the relevant account records can competently testify in such cases.
The judgment was delivered by Justice Sanjay Dhar in a plea challenging a Magistrate’s order dated 19 April 2025. The trial court had refused to record the statement of an authorised representative of J&K Bank’s Residency Road branch, insisting instead on the appearance of the branch manager, as listed in the complaint.
Setting aside the Magistrate’s order, the High Court observed that requiring the personal presence of the manager was “not in accordance with law.”
The court clarified that where evidence is based on official bank records, it is not necessary for the branch manager to depose unless the facts require personal knowledge. In such cases, any authorised bank official responsible for maintaining those records may testify.
“It is not a case where the Bank Manager had to appear and depose about facts based upon his personal knowledge, but a case where the witness had to make a statement based upon records maintained by the Bank,” the court stated.
Accordingly, the High Court directed the Magistrate to record the statement of either the bank manager or any other authorised official who routinely accesses and maintains the bank’s records.