Sec 138: Can complainant produce new memo during appeal?
Section 138 of the N. I. Act :
Cheque date: 21.1.2009
No mention of the name of the bank where the cheque was deposited in legal notice/ affidavit/ complaint/ amended complaint.
Original cheque bears Clearing stamp of a Nationalized Bank on its back with date 22 APR 2009.
Memo submitted with complaint was issued by a private bank which mentioned-
Return to: Nationalized Bank
Reason: STOPPED PAYMENT
On the memo, there is no stamp of the Private Bank, no signature of official.
There is no clearing stamp of Private Bank on the cheque.
After conviction, the private bank issued certificate to the accused that there is entry (in outward return register) of return memo for particular cheque number issued to the Nationalized Bank on 22/01/2009. No such entry was found for return memo issued to the Nationalized Bank on 22/04/2009.
The accused filed RTI before Nationalized Bank, who informed that the cheque with particular serial number was not sent for clearing on 22/04/2009.
The case is in Appeal.
The accused submitted additional documents.
Now the complainant is taking plea that the cheque was presented twice, in January 2009 at Nationalized Bank and in April at Private bank where both the complainant and accused had accounts.
The memo in case file clearly mentioned that it was returned to the Nationalized Bank on 22/04/2009.
Question: Can the complainant produce a new dishonour memo dated 22/04/2009 issued by the Private Bank mentioning that it was issued directly to the complainant after the cheque was deposited there?