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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Malabar Cements Ltd. – Appellant
Versus
R.Sudevan – Respondent
| Table of Content |
|---|
| 1. judgment of acquittal challenged. (Para 1 , 2 , 3) |
| 2. importance of notice and documentation. (Para 4 , 5 , 6) |
| 3. presumption of service under n.i. act. (Para 8 , 9) |
| 4. remand for further evidence allowed. (Para 10 , 11) |
| 5. appeal allowed; judgment set aside. (Para 12) |
JUDGMENT :
A.BADHARUDEEN, J.
Dated, this the 02ND day of February, 2026 This appeal has been filed with the leave of the court challenging the judgment of acquittal in S.T. No. 682 of 2004, dated 07.06.2005 on the files of the Judicial First Class Magistrate Court – I, Palakkad.
2. Heard the learned counsel for the appellant/complainant as well as the learned State Brief Adv. Archana Mithran O.K., appearing for the first respondent/accused in this case and also heard the learned Public Prosecutor appearing for the second respondent.
3. M/s. Malabar Cements Limited, as complainant had filed a complaint under Section 142 of the Negotiable Instruments Act, (for short, 'NI Act', hereinafter) before the Judicial First Class Magistrate Court – I, Palakkad alleging that the accused/first respondent herein committed offence punishable under Section 138 of the NI Act, on dishonour of Exts.P2 and P3 cheques alleged t
The failure to produce essential documents for proof of service of statutory notice under the Negotiable Instruments Act results in acquittal; remand for further evidence is justified in public inter....
The burden of proof shifts to the complainant once the presumption under Section 139 of the NI Act is rebutted by the accused.
Proper service of notice under Section 138 of the Negotiable Instruments Act requires notice to be served directly to the drawer of the cheque, not to a third party.
The failure to provide evidence of sending a legal notice under Section 138 of the Negotiable Instruments Act invalidates the complaint, leading to acquittal.
Proper service of notice and adherence to limitation periods are crucial in dishonor of cheque cases under the Negotiable Instruments Act.
The court established that in computing time limits under Section 138 of the NI Act, the first day is excluded and the last day is included.
Point of law: Negotiable Instruments – Notice - When a sender has dispatched notice through registered post to correct address written on it, Section 27 of General Clauses Act could be profitably imp....
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