Dishonour of Cheque -- Bank Memo -- Authenticated Bank Return Memo Produced After Unsealed Slip -- Correction of inadvertent error, not filling of lacuna
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Authenticated Bank Return Memo Produced After Unsealed Slip -- Complainant may produce return memo bearing seal and signature of bank after computer-generated slip was marked earlier -- It is correction of an inadvertent error and not filling of a lacuna -- Lacuna means inherent weakness in the case, and oversight in leading evidence is not a lacuna. (ii) Bharatiya Sakshya Adhiniyam, 2023 -- Evidence -- Marking of Document as Exhibit -- Marking of exhibit is for identification only -- It does not amount to proof or admission of the document -- Proof must still be given in accordance with law -- Objection on admissibility is decided at the final stage, and document is marked tentatively till then. (iii) Code of Criminal Procedure, 1973, S.311 -- Evidence -- Document Taken on Record Without Formal Application -- Absence of formal application does not vitiate the proceeding -- Procedural error affects trial only where accused shows substantial prejudice -- Full opportunity to cross-examine on the document removes such prejudice.
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