AI Overview...
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Seal on Cheque Return Memo - The absence of a bank seal on the cheque return memo does not invalidate its evidentiary value or the presumption of dishonor. Courts have held that lack of a seal alone does not negate the validity of the return memo or the legal presumptions under Section 146 of the Negotiable Instruments Act, 1881. Tulshi Steel Traders Propritor vs Purva Construction Propritor - Mitrabhan Sahu - Chhattisgarh, Tulshi Steel Traders Propritor Pushpendra Kesharwani VS Purva Construction Propritor - Crimes, Krishnapal VS Hari Singh - Madhya Pradesh, GUNEET BHASIN VS STATE OF NCT OF DELHI - Delhi, V. Velu VS Chennakrishnan - Madras
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Signature and Significance - While signatures or seals on the return memo can strengthen its authenticity, their absence is often considered a procedural irregularity that can be addressed during trial rather than invalidating the memo outright. The primary purpose remains to inform the drawer about the dishonor. Tulshi Steel Traders Propritor vs Purva Construction Propritor - Mitrabhan Sahu - Chhattisgarh, Krishnapal VS Hari Singh - Madhya Pradesh, GUNEET BHASIN VS STATE OF NCT OF DELHI - Delhi
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Legal Presumption of Dishonor - Section 146 of the Negotiable Instruments Act presumes dishonor if the cheque is returned unpaid, regardless of minor irregularities such as missing seals or signatures, unless proven otherwise during trial. Courts have emphasized that such irregularities are procedural and do not affect the substantive presumption of dishonor. GUNEET BHASIN VS STATE OF NCT OF DELHI - Delhi, V. Velu VS Chennakrishnan - Madras
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Evidentiary Value and Court's Approach - Courts have generally held that the cheque return memo, even without a bank seal, remains admissible as evidence of dishonor. The irregularity can be challenged but does not automatically render the memo invalid. The burden of proof to establish the validity of the memo rests with the complainant. Tulshi Steel Traders Propritor vs Purva Construction Propritor - Mitrabhan Sahu - Chhattisgarh, Imran Khan VS Mohd. Ikram - Madhya Pradesh, S. Chandran VS R. Sundaram - Madras
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Overall Conclusion - The absence of a bank seal on the cheque return memo does not negate its evidentiary value or the presumption of dishonor under the law. Such procedural lapses are to be addressed during trial, and the return memo remains a crucial document in proceedings under Section 138 of the Negotiable Instruments Act. Tulshi Steel Traders Propritor vs Purva Construction Propritor - Mitrabhan Sahu - Chhattisgarh, Tulshi Steel Traders Propritor Pushpendra Kesharwani VS Purva Construction Propritor - Crimes, Krishnapal VS Hari Singh - Madhya Pradesh, GUNEET BHASIN VS STATE OF NCT OF DELHI - Delhi, V. Velu VS Chennakrishnan - Madras
Search Results for "Seal on Cheque Return Memo"
2025 Supreme(Online)(CHH) 3581 • India - High Court of Chhattisgarh
Narendra Kumar Vyas, J
return memo. ... ... ... Ratio Decidendi: The court ruled that the absence of a bank seal on the return memo does not negate the presumption of dishonor ... lack of bank officer's signature on the return memo, which was deemed a violation of Section 146 - The court held that the absence ... If the cheque return memo#HL_END....
• India - Crimes
NARENDRA KUMAR VYAS
Act, 1881 is held to be in favour of complainant – Merely because there is no seal and signature of cheque return forwarding memo ... Act, 1881 – Purpose of cheque return memo is to give information of holder of cheques that his cheques on presentation could not ... be encashed due to various reasons as mentioned in cheque#H....
2024 0 Supreme(MP) 180 • India - Madhya Pradesh
PREM NARAYAN SINGH
(1) Negotiable Instruments Act, 1881 -- S. 138 -- Bankers’ Books Evidence Act, 1891 -- S. 4 -- dishonour of cheque ... the bank, it does not render the cheque return memo as invalid or illegal. ... of Cheques - Need to Sign / Initial the Cheque Return Memo Please refer to our circular DPSS. ... whereas on that aspect learned High Court of Delhi has o....
2025 0 Supreme(Chh) 17 • India - High Court of Chhattisgarh
Narendra Kumar Vyas
for liability, and questioned the validity of the return memo due to lack of bank seal. ... dismissal based on the return memo's lack of bank seal was misconceived. ... (Paras 11, 12) ... ... (C) Evidence - Trial Court's reliance on absence of bank seal on return ... If the cheque return memo is not bearing any off....
2017 0 Supreme(Jhk) 2101 • India - Jharkhand
APARESH KUMAR SINGH, B.B.MANGALMURTI
in the amounts mentioned in the cheque and the legal notice. ... The opposite party issued a cheque for Rs. 4,00,000, which was dishonoured. ... the amounts mentioned in the cheque and the legal notice would render the notice invalid. ... The cheque return memo does not contain seal of the concerned bank in whose favour the cheque was issued. ... Learn....
2022 0 Supreme(Del) 818 • India - Delhi
SUDHIR KUMAR JAIN
The court also discusses section 146 of the Act, which establishes a presumption of dishonor based on the cheque return memo. ... The court concludes that the alleged irregularities in the cheque return memo can be addressed during the trial and do not render ... It rejects the petitioner's arguments regarding the admissibility of the cheque return #HL....
2018 0 Supreme(Mad) 2830 • India - Madras
M.V.MURALIDARAN
Negotiable Instruments Act - Cheque Bounce - Section 138 - 139 - 142 - Mere oral evidence of lending a huge cash of Rs. 15 Lakhs ... Fact of the Case: The appellant/complainant alleged that the respondent/accused issued a post-dated cheque for Rs. ... The appellant failed to prove the cheques were issued for a legally enforceable debt. ... The Learned Counsel for the Appellant contends that since the seal of the bank wa....
2019 0 Supreme(MP) 442 • India - Madhya Pradesh
ANJULI PALO
the return memo of the cheque. ... Bank's Slip - Dishonored Cheque - Negotiable Instruments Act, 1881, Section 146, Indian Evidence Act, Section 114(e), Section ... Fact of the Case: The accused-applicants issued a cheque that was dishonored due to 'stop payment' instructions. ... P/3 cheque return memo do not have evidentiary value. ... me....
2019 0 Supreme(MP) 497 • India - Madhya Pradesh
ANJULI PALO
Issues: The issues included the admissibility of the bank's return memo, the presumption of dishonor of a cheque, and the ... The appellate court remanded the case for the complainant to prove the bank's return memo, which the accused challenged. ... The court held that the complainant should be given an opportunity to prove the return memo, and the accused had the opp....
2019 0 Supreme(Mad) 3319 • India - Madras
G.JAYACHANDRAN
on the cheque. ... Issues: Territorial jurisdiction under Section 138 of the Negotiable Instrument Act, absence of bank seal on the cheque, and ... The appellant filed a complaint under Section 138 of the Negotiable Instrument Act against the respondent for issuing a cheque ... The Bank Memo which is marked as Ex.P.3, indicates the cheque number and cause for return.....
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