Ni-138- computer generated memo from bank without seal/stamp

It is admissable in evidence. however if court rejects it to admit then you have option to summon bank officials for production of documents..

It is admissible in evidence...u also have the bounced cheque for corrobration. 

If you miss in pleadings and do not take evidence ot the bank , it will go against you.

Every document annexed with the plaint has to be exhibited through the witness in the court.In this case, bank official shall have to come to the court to testify its correctness.Computer-generated slips of bank are accepted in the trial.

but the memo is not stamped......

I have just filed the complaint and case is fixed for prelim argument on 29/08/2011

The evidence of the bank employee has to be proved viz-a-viz bank memo. Once the memo is proved then no material evidence is needed ( except the issuance of checque for consideration).

PLEASE READ THE NI ACT SEC 146

[146. Bank's slip prima facie evidence of certain facts.

The Court shall, in respect of every proceeding under this Chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved.]

HENCE NO STAMP - NO CASE

Yes sir I feel this is the correct position. And suryely  no further evidence to correct will be aallowed.

that section only says "official mark denoting that the cheque has been dishonoured". If memo states that the cheque is dishounoured that is enough. No stamp/seal required. Its criminal proceedings u can mark it. The term used in the section is SHALL, hence court shall presume the fact of dishonour and admit it, unless the said fact is disproved.

Please read the provision as a whole =

The Court shall, in respect of every proceeding under this Chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved.]

So if no seal of the bank it has no value in evidence.

only because the bank has furnished the computerised memo it cannot be said that it has lost its santity. The said section in no way conveys that seal is mandatory. The only criteria is bank should mention that the cheque is dishonoured. The term "official mark" used in the section does not mean seal. It simply means that a mark/note whatsover in nature by bank officer to specify that the cheque is dishonoured. As it is criminal case, If the complainant depose that the bank given the such and such document of dishonour of cheque the court has to admit and mark it.

Not legal postion , pl read section 60 of evidence act. Any depostion has to be by the person who has done it and not hearsay that I know other has done the act.