AI Overview...
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Written Memo Not Seal and Signature - The absence of a bank seal or official signature on the cheque return memo does not invalidate the presumption of dishonor under Section 139 of the Negotiable Instruments Act, 1881. Courts have held that such omissions do not negate the legal presumption in favor of the complainant, and the memo's lack of seal does not automatically invalidate the dishonor claim. Tulshi Steel Traders Propritor vs Purva Construction Propritor - Mitrabhan Sahu - Chhattisgarh, Tulshi Steel Traders Propritor Pushpendra Kesharwani VS Purva Construction Propritor - Crimes, Suresh Kumar Mahapatra S/o Late Goverdhan Mahapatra VS Dinesh Agrawal S/o Late Kishan Lal Agrawal - Chhattisgarh
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Presumption of Liability - Under Section 139, once the cheque is issued and dishonored, the presumption of liability arises. The court emphasizes that the presence of signature and proper documentation, even if lacking a seal or official mark, suffices to establish dishonor if other procedural requirements are met. The failure to bear a seal does not automatically weaken the case if the memo is otherwise valid. Coolage Through Proprietor James K. Wargis S/o Late C.J. Wargis vs Anil Refrigeration Work Through Proprietor Suresh Kumar S/o A. Appu Kuttan - Chhattisgarh, Tulshi Steel Traders Propritor Pushpendra Kesharwani VS Purva Construction Propritor - Crimes
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Validity of Memo Without Seal - The courts have consistently ruled that the dishonor of a cheque can be established even if the return memo lacks the bank's seal or official signature, provided other procedural steps, such as service of notice, are properly followed. The absence of a seal is deemed redundant in the absence of any challenge or dispute regarding the memo's authenticity. Tulshi Steel Traders Propritor vs Purva Construction Propritor - Mitrabhan Sahu - Chhattisgarh, Sumedha VS State of Maharashtra - Bombay, Tulshi Steel Traders Propritor Pushpendra Kesharwani VS Purva Construction Propritor - Crimes
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Legal Presumption and Rebuttal - Under Section 139, the law presumes that the cheque was issued for a debt or liability. The burden then shifts to the accused to rebut this presumption, which can be done through evidence such as forged signatures or discrepancies in the cheque. The lack of a seal does not shift the burden or invalidate the presumption unless challenged effectively. Subbarayulu VS Lakshmanan - Madras, Balaram Chowdhury, S/o Sri Thainga Chowdhury VS State of Tripura - Tripura
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Signatures and Verification - Courts rely on signature comparison and other evidence to establish authenticity, especially when the bank memo lacks official markings. Expert testimony and signatures' comparison are crucial in rebutting presumption of liability. The burden of proof remains with the accused to show forgery or irregularity. T. R. Sundararajan VS P. Subramanian - Madras, Balaram Chowdhury, S/o Sri Thainga Chowdhury VS State of Tripura - Tripura
Analysis and Conclusion:
The primary insight from these sources is that the absence of a bank seal or official signature on the cheque return memo does not automatically invalidate the presumption of dishonor under Section 139 of the Negotiable Instruments Act. Courts have consistently upheld that procedural irregularities like missing seals are not sufficient to dismiss a complaint if other legal requirements, such as proper service of notice and valid signatures, are met. The law emphasizes that the core elements—issuance of the cheque, proper presentation, and service of notice—are paramount, and technical lapses like missing seals are considered redundant unless challenged or proven to be material. Therefore, a written memo lacking a seal can still be valid for establishing dishonor and liability under the Act.
Search Results for "Written Memo Not Seal and Signature 138 Nagotiable Act"
2025 Supreme(Online)(CHH) 3581 • India - High Court of Chhattisgarh
Narendra Kumar Vyas, J
lack of bank officer's signature on the return memo, which was deemed a violation of Section 146 - The court held that the absence ... 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 ... bear the seal and #HL_ST....
2025 0 Supreme(Chh) 17 • India - High Court of Chhattisgarh
Narendra Kumar Vyas
12, 18, 20) ... ... (B) Presumption of liability - Under Section 139, once signature ... (A) Negotiable Instruments Act, 1881 - Sections 138, 139, 146 - Acquittal appeal against dismissal of complaint for dishonor of ... Whether the trial Court was justified in dismissing the complaint by not relying upon the cheque returning memo as it does not bear seal and signature of the bank official to attract Section 146 of the N.I. Act, 1....
• India - Crimes
NARENDRA KUMAR VYAS
, 1891 – Section 6 – Dishonour of cheque – Complaint dismissed on the ground that cheque returning memo did not bear seal and signature ... memo, it does not render entire trial under Section 138 of N.I. ... Act, 1881 is held to be in favour of complainant – Merely because there is no seal and signature of cheque return forwarding memo ... bear the seal and signature#HL....
2019 0 Supreme(Bom) 898 • India - Bombay
S.M.MODAK
Secondly, there was no reply to notice. – Thirdly, defence of repayment taken in written statement was not fortified by filing acceptable ... mentioned in Section 138 of the N.I. ... does not bear seal of the bank. – It is redundant in view of non-challenge by the accused. – This reason is covered as per the reasons ... The memo issued by UCO Bank is at Exh.48. It was dishonoured for the reason 'exceeds arrangement'. There is no challenge to this fact either during cr....
2017 0 Supreme(Mad) 790 • India - Madras
C.V.KARTHIKEYAN
of the signature, and the availability of funds in the plaintiff's account. ... Negotiable Instruments Act - Recovery of Loan - 138 - 138 - Summary: The court considered the issuance of a cheque, the authenticity ... The defendants denied borrowing money and claimed that the plaintiff forged the signature on the cheque. ... Consequently, a legal notice dated 7.3.2004 was issued under Section 138 of the Negotiable Instruments Act. The Defendants did not#HL_EN....
2024 0 Supreme(Chh) 332 • India - Chhattisgarh
ARVIND KUMAR VERMA
under Section 138 of the Negotiable Instrument Act, 1881. ... Section 138 - Negotiable Instrument Act - 138 - 139 - 146 - The court acquitted the respondent for the offence ... the proviso Clause- (B) of Section 138 of the N.I. ... Dishonorment of Cheques by production of Bank-slip and memo without having official mark or seal and signature thereupon, service of notice is one of ....
2018 0 Supreme(Jhk) 72 • India - Jharkhand
RATNAKER BHENGRA
Code of Criminal Procedure, 1973 – Sections 325, 327, 29 – Negotiable Instrument Act, 1881 – Sections 138 ... application, in retrospect and while bearing in mind that the conditions of Section 138 of the Negotiable Instrument Act, 1881, ... convicted the petitioner under Section 138 of the Negotiable Instrument Act, 1881, and sentenced him to one year simple imprisonment ... 138 of the Negotiable....
2017 0 Supreme(Mad) 164 • India - Madras
M.VENUGOPAL
to speak about written memos (pertaining to written of three cheques) etc. ... Criminal Produce Code, 1973 - Section 357(3) - Negotiable Instruments Act - Section 138 and 139 – Indian ... , amount details mentioned in cheques were different ones and in cheque his companys name was written and in other two cheques, their ... The Bank Manager at HDFC is to be examined on behalf of the Appellant as a witness to speak about the written memos (pertaining to the written of ....
2011 0 Supreme(Mad) 3836 • India - Madras
M.VENUGOPAL
ACT, 1881 - AUTHORITY IMPLIED BY SIGNATURE IN A BLANK INSTRUMENT - SECTION 73 OF THE INDIAN EVIDENCE ACT, 1872 - COMPARISON OF SIGNATURES ... NEGOTIABLE INSTRUMENTS ACT, 1881 - SECTION 138 - DISHONOUR OF CHEQUE - BURDEN OF PROOF - PRESUMPTION UNDER SECTION 139 - REBUTTAL ... by the Appellant/Defendant in the Written Statement and the Point No.2 is answered against the Appellant/Defendant. ... As per Section 73 of the Indian Evidence Act, though a Court of Law is empow....
2021 0 Supreme(Tri) 23 • India - Tripura
S.G.CHATTOPADHYAY
Negotiable Instruments Act, 1981 - Section 138 - Criminal Procedure Code, 1973 - Section 251, 243 and 313 ... Comparison of signature, writing or seal with others admitted or proved.- In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written of made, any signature, writing or seal admitted or proved to t satisfaction of the Court to have been written .....
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