Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial For Cheque Dishonour A Nullity: Chhattisgarh HC Reiterates

The Chhattisgarh High Court ruled that an infirmity in the cheque return memo does not render the entire trial under Section 138 of the Negotiable Instruments Act a nullity. Section 138 deals with the dishonour of cheques. The court held that while a proper cheque return memo is important, a defect in it does not automatically invalidate the substantive legal proceedings initiated based on the dishonoured cheque, provided other conditions for prosecution under Section 138 are met.