22 judgments match your search. Search by party name, citation (e.g. LOK 2026 (10) Ker. 5), case number, judge or words in the judgment, or pick a date of decision.
LOK 2026 (10) Ker. 84 · High Court of Kerala
Equivalent citations: 2026 KER 78185
Issuance of a cheque for a time-barred debt operates as a written promise to pay and an acknowledgment of liability, effectively reviving the debt under Section 25(3) of the Contract Act. Consequently, the debt ceases to be unenforceable, and dishonour of such a cheque upon…
LOK 2026 (10) Ker. 77 · High Court of Kerala
Equivalent citations: 2026 KER 79569
When the complainant deposes on oath detailing the transaction and execution of the cheque, and such testimony remains unshaken in cross-examination, the initial burden under Sections 118 and 139 of the NI Act stands discharged. Omission to mention the date of borrowing in the complaint…
LOK 2026 (9) SC 304 · Supreme Court of India
Equivalent citations: 2026 INSC 1069 : 2026 KLT OnLine 4639
Requirement of ‘giving of notice’ under proviso (b) to Section 138 of the Act, 1881 stands satisfied once statutory demand notice is dispatched by registered post to the correct address of the drawer/accused. Delivery of notice at the correct residential address, even if received by…
LOK 2026 (9) SC 227 · Supreme Court of India
Equivalent citations: 2026 INSC 1053
High Court setting aside conviction and remanding matter for fresh trial from the stage of defence evidence on the ground that the accused was examined on affidavit, relying on M/s Mandvi Cooperative Bank Limited v. Nimesh B. Thakore (2010) 3 SCC 83 — Sustainability —…
LOK 2026 (9) Ker. 114 · High Court of Kerala
Equivalent citations: 2026 KER 70211
LOK 2026 (8) SC 45 · Supreme Court of India
Equivalent citations: 2026 INSC 790
LOK 2026 (7) Ker. 291 · High Court of Kerala
Equivalent citations: 2026 KER 57049
In the present case, while the plaintiff proved the defendant's signature, material contradictions in the testimony of the plaintiff's witnesses failed to establish voluntary execution or delivery of the cheque by the defendant. The statutory presumptions under the NI Act were therefore un-activatable. Decree of…
LOK 2026 (6) Ker. 91 · High Court of Kerala
Negotiable Instruments Act, 1881 - Section 138 - Statutory presumptions available to complainants in cheque dishonour prosecutions under the Act can be invoked only after the complainant first establishes the underlying transaction and execution of the cheque through competent evidence.
LOK 2026 (5) Ker. 264 · High Court of Kerala
Negotiable Instruments Act, 1881 - A statutory demand notice issued under Section 138 must expressly specify the amount demanded to invoke the offence of cheque dishonour.
LOK 2026 (5) Ker. 181 · High Court of Kerala
In cheque bouncing prosecutions, the initial burden rests upon the complainant to prove the transaction and once this burden is discharged, the complainant can avail the presumptions in its favour laid down in Section 139 NI Act.
LOK 2026 (5) Ker. 189 · High Court of Kerala
Negotiable Instruments Act 1881 - Section 138 - Code of Criminal Procedure, 1973 - Section 465 - Finding or sentence passed by a competent court is reversible by reason of error, omission or irregularity - Power of attorney holder's incompetence to institute a complaint alleging…
LOK 2026 (4) SC 155 · Supreme Court of India
Equivalent citations: 2026 INSC 363
LOK 2026 (4) SC 75 · Supreme Court of India
Equivalent citations: 2026 INSC 327
LOK 2026 (3) Ker. 265 · High Court of Kerala
Cooperative societies performing banking functions can be considered as 'banker' as per Section 3 NI Act and therefore, withdrawal slips drawn on such societies would partake the character of cheques as defined under the Act.
LOK 2026 (2) Ker. 185 · High Court of Kerala
LOK 2026 (2) SC 121 · Supreme Court of India
LOK 2026 (2) Ker. 119 · High Court of Kerala
Negotiable Instruments Act, 1881 - A complainant in a cheque dishonour case under Section 138 of the NI Act has a statutory right to file an appeal against acquittal under the proviso to Section 372 CrPC, and therefore cannot invoke the High Court's revisional jurisdiction…
LOK 2026 (2) Ker. 105 · High Court of Kerala
Refused to quash the criminal proceedings initiated against the accused in a cheque dishonour case since only the civil court, and not the criminal court, recorded the settlement and passed decree.