AI Overview...
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John K Abraham v. Simon C. Abraham (2014) (1) KHC 853; SCC 236 - The Supreme Court clarified that under Section 138 of the Negotiable Instruments Act, the burden of proof lies heavily on the complainant to establish the existence of sufficient funds at the time of issuance. The Court emphasized that the presumption under Sections 118 and 139 shifts the initial burden to the accused to prove the existence of funds, but the complainant must substantiate the dishonour with proper evidence Shihahbuddi Ahammed VS A. K. Krishnaraj - Kerala, P. J. Thomas VS Vijayakumari - Kerala, Kanak Chandra Bordoloi, Son of Late Bhogi Ram Bordoloi vs State of Assam, Represented by P.P. - Gauhati.
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Offence under Section 138 Negotiable Instruments Act - Courts have consistently held that dishonour of a cheque constitutes an offence under Section 138, with judicial findings confirming the validity of such prosecutions. The courts have confirmed that the act of cheque dishonour is a criminal offence, and proper procedures for notice and proof are essential MADHUSOODANAN NAIR vs N NANDAKUMAR - Kerala.
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Judicial Approach and Evidence - Several judgments, including the Supreme Court's decision in John K Abraham, stress the importance of proof regarding the drawer's funds and proper notice before prosecution. The courts have also highlighted the necessity of establishing the cheque's dishonour due to insufficient funds and that the complainant must prove the existence of funds at the relevant time Santosh Mittal VS Sudha Dayal - Dishonour Of Cheque, Nipan Das VS Malati Chetri Choudhury - Gauhati.
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Legal Precedents and Application - The case of John K Abraham has been frequently cited in subsequent judgments to reinforce principles relating to the burden of proof, presumption, and the procedural aspects of prosecuting under Section 138. Courts have also examined the sufficiency of evidence, including notices issued and the timing of funds, based on this precedent Ravishankar VS Sasikanth - Madras, SRI M. CHANNEGOWDA vs SRI S. SHANKAR - Karnataka.
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Analysis and Conclusion - The collected judgments underscore that in cases under Section 138, the prosecution must prove the existence of funds at the time of cheque issuance and proper notice to the drawer. The Supreme Court's decision in John K Abraham serves as a guiding precedent, emphasizing the burden of proof on the complainant and the importance of evidence regarding the availability of funds. The case remains a significant authority in interpreting the legal requirements for establishing offences under the Negotiable Instruments Act.
References: - John K Abraham v. Simon C. Abraham, SCC 236 (2014) - Various judicial decisions cited above confirming principles of Section 138 proceedings
Search Results for "John K Abraham 138"
2017 Supreme(Online)(KER) 3828 • India - High Court of Kerala
ALEXANDER THOMAS, J
Negotiable Instruments - Offence under Sec. 138 - Acts and Sections: Negotiable Instruments Act, Sec. 138; Cr.P.C., Sec. 357(1 ... )(b); Cr.P.C., Sec. 397, 401 - This case discusses the offence of dishonour of cheques under Sec.138, judicial findings, sentencing ... Ratio Decidendi: The courts confirmed that the dishonour of cheque constitutes an offence under Sec. 138, and highlighted ... Heard Sri.Abraham John, learned counsel appearing for the revision petitioner (accused) and Sri.....
• India - Dishonour Of Cheque
SUNITA GUPTA
Negotiable Instruments Act, 1881 — Section 138 read with AIR 2006 SC 3366; Union of India v. ... Abraham (supra), the complainant who had filed the complaint under Section 138 of the Negotiable Instruments Act, was not even aware of the date when substantial amount of Rs.1,50,000/- was advanced by him to the respondent. ... The authorities relied upon by the learned counsel for the respondent do not help the respondent, inasmuch as, in John K. ... There is sufficient evidence to come to the conclusion that the respondent....
2014 0 Supreme(Del) 3032 • India - Delhi
SUNITA GUPTA
Negotiable Instruments Act - Appeal against Acquittal - Sections 138, 139 - Summary Fact of the Case: The appellant ... filed a complaint under Section 138 of the Negotiable Instruments Act, alleging that the respondent, an intimate friend, took a ... to be an afterthought, and the evidence presented by the appellant was deemed sufficient to establish the offense under Section 138 ... Reliance was placed on John K. Abraham v. Simon C. Abrahm & Anr. 2014 (1) Crimes 66 (SC); K. Prakasha....
2015 0 Supreme(Mad) 2226 • India - Madras
B.RAJENDRAN
Code of Criminal Procedure, 1973 – Section 357 – Negotiable Instruments Act – Sections 118, 138 – Statutory ... Notice – First respondent herein has filed a private complaint under Section 138 of The Negotiable Instruments Act against the accused ... No. 1545 of 2006. – Upon trial, the trial court found the petitioner/accused guilty of the offence under Section 138 of the Negotiable ... The decision cited by the learned counsel for the accused/revision petitioner in the case of (John K. Abraham vs. Simo....
2015 0 Supreme(Ker) 1305 • India - Kerala
P.D.RAJAN
Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque for insufficiency, etc., of funds in ... Philip Thomas, 2006 KHC 960 : 2006 (3) KLT 729 : ILR 2006 (3) Ker. 561 : 2006 (3) KLJ 226 : 2007 CriLJ 2838 and John K. Abraham v. Simon C. Abraham, 2013 (4) KHC 853 : 2014 (1) KLT 90 : 2014 (1) KLD 64 : (2014) 2 SCC 236 : 2014 CriLJ 2304. ... This legal liability on the part of payee or the holder of the cheque has to be complied with subject to the limitation provided under Section 138(b) of t....
2014 0 Supreme(Ker) 203 • India - Kerala
THOMAS P.JOSEPH
Negotiable Instruments Act,1881 - Section 138 - Dishonor of Cheque - Date of information - Issuance of notice ... Chandran (2007 [1] KHC 698) and John K.Abraham v. Simon C.Abraham (2014 [1] KLD 64 (SC). ... 4. ... The Supreme Court, in John K.Abraham v. Simon C.Abraham (supra) held that in order to draw the presumption under Sec.118 read with Sec.139 of the Act, burden is heavy upon the complainant to show that he had the required funds to advance money to the accuse....
2018 0 Supreme(Gau) 1609 • India - Gauhati
HITESH KUMAR SARMA
Criminal Procedure Code, 1973 - Sections 378 and 313 - Negotiable Instruments Act, 1881 - Sections 138, ... The learned trial Court has relied upon the judgment in John K. Abraham Vs. Simon C. ... However, it appears that the learned trial Court picked up an extract of the observation from John K. Abraham (supra) ignoring the other material aspects of that judgment ... 9. In John K. ... The case of John K. Abraham (supra) cannot be read as ratio on t....
2016 0 Supreme(HP) 1073 • India - Himachal Pradesh
VIVEK SINGH THAKUR
Negotiable Instruments Act - Conviction under Section 138 - Section 118, Section 139, Section 391 Cr.P.C. - Judgment discussed ... Fact of the Case: The petitioner was convicted under Section 138 of the Negotiable Instruments Act for dishonoring ... of the Court: The court found that the respondent-complainant had proved the essential ingredients required under Section 138 ... He has relied upon judgment passed by Hon’ble Supreme Court in Case John K. Abraham versus Simon C. Abraham....
2025 Supreme(Online)(Kar) 20496 • India - Karnataka High Court
G BASAVARAJA, J
Section 138 of Negotiable Instruments Act, before filing the complaint. 10.
2025 0 Supreme(Gau) 728 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
(A) Code of Criminal Procedure, 1973 - Sections 401 and 397 - Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque ... (ii) John K. Abraham Vs. Simon C. Abraham and Another, reported in (2014) 2 SCC 236. (iii) Basalingappa Vs. Mudibasappa, reported in (2019) 5 SCC 418. 11. Per contra, Mr. ... Now turning to the decision of the Apex Court in the case of John K. Abraham (supra), relied upon by the learned counsel for the petitioner, it appears that the Apex Court upon f....
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