In a prosecution under section 138 of the Negotiable Instruments Act, 1881, what is the legal effect of the bank's return memo marked to show that the cheque was dishonoured?

Under section 146 of the Negotiable Instruments Act, 1881, the court must, on production of the bank's slip or memo bearing the official mark denoting dishonour, presume the fact of dishonour unless it is disproved. The presumption is rebuttable, so it is not conclusive, and no bank witness is needed to prove the memo. It raises no presumption of dishonesty; section 139 instead presumes that the cheque was issued for a debt or liability.