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Section 138 NI Act | Defect in Cheque Return Memo Doesn’t Nullify Entire Cheque Dishonour Trial: Chhattisgarh High Court

11 Apr 2025 3 min read
Section 138 NI Act | Defect in Cheque Return Memo Doesn’t Nullify Entire Cheque Dishonour Trial: Chhattisgarh High Court

The Chhattisgarh High Court, in a recent judgment, clarified that any technical defect or irregularity in the cheque return memo does not invalidate the entire criminal proceedings initiated under Section 138, Negotiable Instruments Act, 1881. The Court held that the absence of a seal or bank officer’s signature on the memo is not sufficient to dismiss a cheque bounce complaint when other evidences suggest a genuine case of cheque dishonour.…

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