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The drawer of the cheque needs to provide satisfactory and convincing evidence to show that the address shown is not his address – Kerala High Court

The Kerala High Court on 5th June, 2025 held that the drawer of the cheque needs to provide satisfactory and convincing

Negotiable Instruments Act, 1881, S.138 — In a prosecution alleging commission of offence under Section 138 of the NI Act, the complainant has an initial burden to prove the transaction, which led to execution of the cheque alleged to be issued by the accused in his favour.

The case Vishnu Prasad v. Gracy Yohannan (Crl.A No. 1216 of 2013) (2025 KLT OnLine 2081) Decided on 4th June, 2025

Negotiable Instruments Act 1881, S.138 Proviso (b) — Presence of additional claims in the demand notice would not negate its validity, provided the cheque amount is specified.

The case Apputty v. Yahutty ( Crl.Rev.Pet No. 778 of 2004 ) (2025 KLT OnLine 2076) Decided on 28th May 2025

Negotiable Instruments Act 1881, S. 138 – If a cheque is issued to secure repayment of debt or liability and if the debt is not discharged and if on the date of presentation of the cheque, the liability to pay the amount exists and if the said cheque dishonours upon presentation, the consequences contemplated under Section 138 of N.I.Act would follow.

The case Radhakrishnan v. Kerala Agro Industries Corporation Ltd 2025 (Crl.Rev.Pet No. 1340 of 2019) ( KLT OnLine 2063) Decided

When complainant files a statement that the cheque amount had been received, nothing further remains to be adjudicated and therefore parties can be allowed to compound the matter.

The question before the Hon’ble Kerala High Court in the Criminal Revision Petition # 2024/2012 in the matter of G.Sasidharan Versus Sree