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145 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.

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LOK 2026 (11) Ker. 113 · High Court of Kerala

Shinoy v. State of Kerala

Equivalent citations: 2026 KER 86295

ActsNarcotic Drugs and Psychotropic Substances Act, 1985 (Sections 20(b)(ii)(B), 42, 50 and 57); Code of Criminal Procedure, 1973 (Sections 313, 374(2) and 428); Indian Evidence Act, 1872 (Section 154); Bharatiya Nagarik Suraksha Sanhita, 2023

Chief examination by affidavit is illegal in a criminal trial, but where the court itself cured the defect by fresh chief examination and no prejudice was shown from not recalling the investigating officer, the NDPS conviction stands; sentence reduced for intermediate quantity.

LOK 2026 (11) Ker. 112 · High Court of Kerala

A.M. Gopalan, Managing Director v. State of Kerala & Anr.

Equivalent citations: 2026 KER 86277

ActsNegotiable Instruments Act, 1881 (Section 138); Code of Criminal Procedure, 1973 (Sections 313 and 378(4))

Where the cheque for chitty arrears is dated before the chitty was even auctioned and no accounts are produced, the complainant has not discharged the initial burden under Section 138; tendering the cheque alone is not enough.

LOK 2026 (10) SC 293 · Supreme Court of India

M/s. Mansi Finance (Chennai) Ltd. v. Lalitha

Equivalent citations: 2026 INSC 1174

The applicant sought clarification of the judgment dated 26 May 2026, which had partly restored cheque-dishonour proceedings. He contended that the position under Maharashtra’s money-lending law differed from Tamil Nadu’s law and that the earlier judgment should not be treated as validating recovery of unlicensed…

LOK 2026 (9) SC 304 · Supreme Court of India

Sainaba v. State of Kerala

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

Sanu Varghese v. Shoukkathali

Equivalent citations: 2026 INSC 1053

SubjectCheque
ActsNegotiable Instruments Act 1881 (NI Act)

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 (8) Ker. 76 · High Court of Kerala

D. Chandran v. S. Anilkumar

Equivalent citations: 2026 (8) KLR 73 : 2026 KER 60969 : 2026 KLT OnLine 2102

Once the signature on a cheque is admitted, the court is obligated to presume the cheque was issued for a legally enforceable debt. The standard of proof required to rebut the statutory presumptions is "preponderance of probabilities" rather than "mere possibility" or "bare denial". The…

LOK 2026 (7) Ker. 291 · High Court of Kerala

Prameela Varghese v. Abraham Samuel

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 (7) Ker. 166 · High Court of Kerala

Shiny S. Nair v. Sreekala

Equivalent citations: 2026 KER 52634

Negotiable Instruments — Cheque dishonour — Section 138 NI Act — Presumption under Section 139The complainant appealed against an acquittal in a cheque dishonour prosecution. The defence said a blank cheque from an earlier loan had been misused, although the accused admitted that part of…

LOK 2026 (7) Ker. 85 · High Court of Kerala

M/s Sree Gokulam Chit & Finance Co. (P) Ltd. v. Ida Purushothaman

Equivalent citations: 2026 KER 49813

Negotiable Instruments Act — Dishonour of cheque — Deemed service — LimitationA chit company appealed against the acquittal of a guarantor prosecuted after her cheque was dishonoured. The Sessions Court held that the complaint was out of time after relying on testimony suggesting that the…

LOK 2026 (3) Ker. 265 · High Court of Kerala

Clara Dominic v. Tomy Eapen

SubjectCheque
Judges–
ActsNegotiable Instruments Act 1881 - Section 6

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.