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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Danikutti Philip S/o Philipose – Appellant
Versus
Johnykutty J. S/o Joseph – Respondent
| Table of Content |
|---|
| 1. court procedures in criminal appeal (Para 2 , 3) |
| 2. details of the cheque and dishonor (Para 4 , 5 , 6 , 12) |
| 3. arguments of the appellant and respondent (Para 7 , 8) |
| 4. legal standards under ni act (Para 9 , 10 , 11) |
| 5. final judgment on the appeal (Para 13) |
JUDGMENT :
A. BADHARUDEEN, J.
1. This criminal appeal has been filed under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, at the instance of the complainant in S.T.No.404/2018 on the files of the Judicial First Class Magistrate Court, Nedumkandam. The 1st respondent herein is the accused in the said case and the 2nd respondent herein is the State of Kerala, represented by the Senior learned Public Prosecutor.
2. Heard the learned counsel for the appellant, the learned counsel appearing for the 1st respondent/accused and the learned Senior Public Prosecutor.
3. I shall refer the parties in this appeal as 'complainant' and 'accused' for easy reference.
4. The complainant lodged complaint under Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’ for short), alleging commission of offence punishable under Section 138 of the NI Act by the accused, on the premise that th
A cheque that does not reflect a legally enforceable debt due to part payments cannot attract liability under Section 138 of the NI Act.
Dishonour of cheque – If drawer of cheque pays a part or whole of sum between period when cheque is drawn and when it is encashed upon maturity, then legally enforceable debt on date of maturity woul....
The court affirmed that the applicant failed to establish a legally enforceable debt under Section 138 of the NI Act, leading to the dismissal of the appeal for leave.
Accused failed to rebut the presumption of debt under Section 139, leading to acquittal being upheld despite dishonoured cheques. Evidence must sufficiently support claims of payment to avoid prosecu....
:DISHONOUR OF CHEQUE – ACQUITTAL UNDER - under Section 139 of the N.I. Act, there is a presumption that the holder of the cheque received it for the discharge of debt or liability, but the existence ....
A cheque that is dishonored must represent a legally enforceable debt at the time of presentation; part payments made prior to encashment must be accounted for, or the offence under Section 138 of th....
Issuance of a cheque acknowledges a legally enforceable liability, making the drawer liable under Section 138 of the NI Act, even if the debt is time-barred.
Point of law: Dishonour of cheque - Discrepancy in the amount - Discrepancy in the amount reflected in the cheque and the actual amount due by the accused, the accused cannot be proceeded under secti....
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