Cheque dishonour proof under Section 138 may justify remand when material evidence was omitted inadvertently.

In a prosecution under Section 138 of the Negotiable Instruments Act, the High Court held that where execution and issuance of the cheque were already proved, the inadvertent omission to produce the cheque return memo should not defeat a fair adjudication. As dishonour for insufficiency of funds was otherwise indicated and the missing document was material to proof, the court found that one further opportunity to adduce the evidence was justified. The matter was remanded for fresh disposal, with liberty to both sides to lead additional evidence, including defence evidence.

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Issues: Whether the appellate court's reversal of conviction in a prosecution under Section 138 of the Negotiable Instruments Act called for interference and remand for fresh disposal after permitting production of the cheque return memo and further evidence.

Analysis: The execution and issuance of the cheque had already been found proved by both courts below. The complaint failed at the appellate stage mainly because the original cheque return memo showing the reason for dishonour had not been produced, though the notice issued to the drawer indicated dishonour for insufficiency of funds. Since the omission to produce the return memo was inadvertent and the amount involved was substantial, the matter warranted one further opportunity to adduce the missing evidence through a competent witness. In the circumstances, the ends of justice required that the accused also be given an opportunity to adduce defence evidence, if any, and the case be reconsidered on the existing and additional material.

Conclusion: The findings of the appellate court were set aside and the matter was remanded to the trial court for fresh disposal after permitting both sides to adduce further evidence.

Ratio Decidendi: Where material evidence essential to proving dishonour under Section 138 of the Negotiable Instruments Act was omitted inadvertently, and the foundational execution of the cheque stood proved, the matter may be remanded to secure a fair adjudication and further evidence in the interests of justice.

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