2025 Supreme(Online)(Mad) 65290

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
S.K.Elumalai – Appellant
Versus
K.Madhu Srinivas – Respondent
CRL A No. 801 of 2012

The issuance of a cheque requires clear evidence, and the inability to substantiate claims of debt results in dismissal.

Headnote:The court addresses the appeal of S.K.Elumalai against the dismissal of a complaint under Section 138 of the Negotiable Instruments Act. The appellant claimed the cheque was issued for a debt; however, the court upheld the trial court's findings, concluding that the appellant did not provide sufficient evidence for the claimed brokerage. The core issue centered on the valid issuance of the cheque and the appellant’s credibility as a broker. As per Sections 118 and 139 of the NI Act, the court found that the appellant failed to establish a rightful claim, leading to the dismissal of the appeal.