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S.MURALIDHAR
Ravi Chopra – Appellant
Versus
State – Respondent
To prove the dishonor of a cheque, the primary evidence required is the dishonored cheque itself along with the bank’s return memo or the bank’s endorsement indicating the reason for dishonor. The bank’s memo serves as a crucial piece of evidence as it explicitly states the reason why the cheque was not paid, such as "funds insufficient" or "account closed" (!) .
In the absence of the bank’s memo, the complainant can rely on other evidence such as the bank statement showing the dishonored cheque and the bank’s endorsement or remarks. These collectively establish that the cheque was presented for payment and was returned dishonored by the bank (!) .
Additionally, notices sent by the payee or holder to the drawer demanding payment, along with proof of receipt of such notices, can support the case that the cheque was dishonored and that the drawer was duly informed of this fact (!) .
Therefore, the essential elements to prove dishonor include the dishonored cheque, the bank’s return memo or endorsement indicating dishonor, and proof of communication to the drawer regarding the dishonor.
S. Muralidhar, J.
1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seek to challenge an order dated 18th July, 2006 passed by the learned Metropolitan Magistrate (MM) rejecting an application filed by the Petitioner for sending the dishonoured cheques, in respect of which the complaint cases were filed against the Petitioner for the offences under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), to the Central Forensic Science Laboratory (CFSL) for its opinion on the handwriting on the cheques.
2. The cheques in question are Nos. 836720, 445534 and 752076 all dated 1st May, 2004 for a sum of Rs. 1 lakh each in respect of which Complaint Case No. 339 of 2004 was filed, Nos. 328114 dated 11th May, 2004 for a sum of Rs. 2 lakhs and No. 520660 dated 11th May, 2004 for a sum of Rs. 1 lakh in respect of which Complaint Case No. 340 of 2004 was filed, and Nos. 752064 and 555267 both dated 7th May, 2004 for a sum of Rs. 1 lakh each in respect of which Complaint Case No. 341 of 2004 was filed. The aggregate sum of all these cheques is Rs. 8 lakhs. The case of the complainant is that on different dates from 2000 to 2003 the Petitioner accu
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