The Rajasthan High Court has upheld a trial court’s decision to allow a bank cheque-return memo, first exhibited without the bank’s seal and signature, to be produced again with them and marked afresh, in a cheque-dishonour case under the Negotiable Instruments Act. Marking a document as an exhibit, the Court held, does not by itself prove its contents or authenticity; that must still be established at trial, where the accused can test it in cross-examination.
The Supreme Court gave actor Rajpal Yadav a last opportunity to return with a concrete proposal, including a draft of at least Rs 2 crore, in cases arising from the dishonour of seven cheques. His counsel sought two weeks, citing property that would be sold to raise the money. The Bench listed the matter for October 5.
The Karnataka High Court ruled that prosecution under Section 138 of the Negotiable Instruments Act cannot continue against a former director when a cheque was issued after the company’s dissolution. The Court held that a dissolved company lacks legal existence, making such cheques legally unenforceable.
