AI Overview...
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Cheque Dishonour Memo Not Exhibited - Several cases highlight the importance of exhibiting the dishonour memo (return memo) as evidence to establish cheque dishonour under Section 138 of the NI Act. The absence of the memo or its non-exhibition at trial often leads to the rejection of the dishonour claim, as courts require this document to prove that the cheque was dishonoured due to insufficient funds or other reasons Tulshi Steel Traders Propritor Pushpendra Kesharwani VS Purva Construction Propritor - Crimes, Sanchay Kumar, Son of Late Baijnath Prasad VS State of Bihar - Patna, Dhiren Chandra Borah S/o Nanda Ram Bora VS Pallavi Kalita W/o Sri. Satya Kalita - Gauhati.
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Presumption of Dishonour - The presumption under Section 139 of the NI Act generally favors the complainant, but this presumption can be rebutted if the dishonour memo is not properly exhibited or if there is insufficient evidence of dishonour. The absence of a bank seal or signature on the return memo does not necessarily negate the presumption of dishonour, but the memo must be properly proved Tulshi Steel Traders Propritor vs Purva Construction Propritor - Mitrabhan Sahu - Chhattisgarh.
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Procedural Formalities - Proper procedural compliance, including filing the dishonour memo, notice of demand, and other related documents, is crucial. Courts have dismissed cases where the dishonour memo was not exhibited or was missing, emphasizing the need for proper evidence to establish dishonour Vandana VS Abhilasha - Dishonour Of Cheque, MOHAN MADAN VS SHEEL GULATI - Delhi.
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Court's View on Evidence - Courts have consistently held that the dishonour memo, along with the cheque and notice, forms essential proof in cheque dishonour cases. Failure to produce or exhibit these documents at trial weakens the case and can lead to dismissal Prakash Chimanlal Sheth vs T. Ramalingam Nadar @ Ramalingam Thirivium Nadar - Bombay.
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Additional Evidence and Admissions - When the accused admits the cheque and related documents, courts may accept the proof of dishonour even if the memo's exhibit is challenged, but the initial burden remains on the complainant to produce proper evidence Prakash Chimanlal Sheth vs T. Ramalingam Nadar @ Ramalingam Thirivium Nadar - Bombay.
Analysis and Conclusion:
The core issue across these cases is the non-exhibition or non-production of the dishonour memo at trial, which significantly weakens the prosecution's case under Section 138 of the NI Act. Proper procedural adherence, including exhibiting the dishonour memo, is essential for establishing cheque dishonour. Without this, courts tend to dismiss complaints, emphasizing the importance of documentary evidence in such cases.
Search Results for "Cheque Dishonour Memo Not Exhibited"
2020 0 Supreme(Gau) 341 • India - Gauhati
MANISH CHOUDHURY
NI Act - Dishonour of Cheque - Section 138 - 138 - 139 - 146 Fact of the Case: The accused borrowed an amount and ... Issues: The issues revolved around the dishonour of the cheque, compliance with procedural formalities, and the burden of ... issued a cheque which was dishonoured. ... Exhibit-6 is the cheque return memo of the State Bank of India, Panbazar Branch, Guwahati, exhibited by P.W.2, wherein the reason for dishonour was....
• India - Dishonour Of Cheque
MANISH PITALE
of Act was not satisfied in present case and consequently no presumption arose about dishonour of cheque in question—It is necessary ... statement made in statutory notice and complaint filed before Court would not constitute proof of dishonour of cheque unless further ... Negotiable Instruments Act, 1881—Sections 138 and 146—Criminal Procedure Code, 1973—Section 378—Dishonour of cheque—Appeal against ... In the present case, the memo#HL_EN....
2018 0 Supreme(Bom) 1163 • India - Bombay
MANISH PITALE
and she assured that cheque would be encashed – Held, Court would not constitute proof of dishonour of cheque unless further evidence ... to show dishonour of said cheque - Appeal is dismissed ... it was for appellant to prove fact of dishonour of cheque by cogent evidence To that extent trial Court was not right in holding ... In the present case, the memo purportedly issued by the bank showing dishonou....
• India - Current Civil Cases
VALMIKI J.MEHTA
cheque — For this amount issued in favour of defendant bounced on presentation — HELD — Plaintiff guilty of breach of contract right ... Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Suit for — Out of amount of Rs.25 lacs, Rs.10 lacs not paid as ... Once plaintiff fails to file income tax return — HELD — This aspect would go against plaintiff with respect to plaintiff having not ... Sheel Gulati has been filed and proved by the defendant as Ex.DW1/2 and the connected dishonour of cheque#HL_....
2015 0 Supreme(Del) 2289 • India - Delhi
VALMIKI J.MEHTA
The defendant refused to accept further payments after a cheque for Rs.10 lacs bounced. ... The bounced cheque and lack of proof of readiness and willingness led to the dismissal of the suit. ... The plaintiff did not file a replication to the defendant's written statement. ... The original cheque of Rs.10 lacs dated 4.10.2005 drawn by Sh. Dharampal Malik on the defendant, Smt. Sheel Gulati has been filed and proved by the defendant as Ex.DW1/2 and the connected dishonour of cheque #HL....
2013 0 Supreme(Del) 1473 • India - Delhi
J.R.MIDHA
The Court held that the Court where the cheque is deposited for collection has jurisdiction to try the accused. ... Act, the complainant should file affidavit of his evidence and all necessary documents like dishonour memo, returned cheque, notice of demand and then learned Magistrate should scrutinize the complaint and documents and if he finds that the affidavit and the documents disclose dishonour of cheque issued ... ... (vi) On 31st March, 2011, the complainant tendered the evide....
• India - Appellate Side,Bombay
PRAKASH D. NAIK, J
, 18, 22, 35) ... ... Findings of Court: ... The trial court erred in not ... The cheque, covering letter, dishonour memo, demand notice and postal delivery proof were admitted by the Accused. ... On 29th June, 2017, the accused offered their admissions and admitted the entire documentary evidence which inter-alia included the cheque, the covering letter, the dishonour memo, the demand notice, the postal AD card etc., which were then marked/exhibited#HL_....
2025 Supreme(Online)(CHH) 3581 • India - High Court of Chhattisgarh
Narendra Kumar Vyas, J
of a bank seal does not invalidate the memo, reaffirming that the presumption of dishonor under Section 139 favors the complainant ... ... ... Ratio Decidendi: The court ruled that the absence of a bank seal on the return memo does not negate the presumption of dishonor ... (Paras 6, 10, 11) ... ... (B) Evidence - The court emphasized that the cheque ... Act, 1881 and exhibited documents mainly the dishonored cheque (Exhibit P/1....
• India - Crimes
NARENDRA KUMAR VYAS
by bank, finding of Trial Court that no presumption regarding dishonour of cheques can be drawn, is misconceived – Cheque return ... of cheque – Complaint dismissed on the ground that cheque returning memo did not bear seal and signature of bank official to attract ... Act, 1881 – Purpose of cheque return memo is to give information of holder of cheques that his cheques on presentation could #HL_S....
2016 0 Supreme(Pat) 1577 • India - Patna
CHAKRADHARI SHARAN SINGH
Ratio Decidendi: The court held that the return memo not exhibited at the trial could not be taken as evidence, and the mistake ... due to insufficiency of funds, was not exhibited at the trial, and thus could not be taken as evidence. ... in the notice regarding the cheque number was not sufficient to uphold the conviction. ... A document, which could not be exhibited at the trial, could #HL_STA....
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