G. Sanil Kumar v. Sujith
LOK 2026 (10) Ker. 84
Equivalent citations: 2026 KER 78185
- Court
- High Court of Kerala
- Bench
- A. Badharudeen; J.
- Case No.
- Crl.A. No. 2002 of 2024
Counsel Appellant/Complainant: by Advs. P. Rahul, Abhina L. Respondents/ Accused and State: Sr. PP Sajeev P.K., Adv. Prasanth M.P. (State Brief)
Provisions referred
Headnote
Negotiable Instruments Act, 1881 - Section 138 - Contract Act, 1872 - Section 25(3).
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 statutory notice attracts penal liability under Section 138 of the Negotiable Instruments Act, 1881. Acquittal solely on the ground that the underlying debt was time-barred set aside.
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