Section 138 NI Act- Burden Is Upon Complainant To Prove Alteration Of Name Of Payee Was Made By Accused Himself: Kerala HC [Read Judgment]
5 years, 4 months ago

Section 138 NI Act- Burden Is Upon Complainant To Prove Alteration Of Name Of Payee Was Made By Accused Himself: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that when there is an alteration in the cheque with regard to the name of the payee, the burden is upon the complainant to prove that such alteration was made by the accused himself or that it was made with the consent of the accused.In Geemol Joseph v. Kousthabhan, Justice R. Narayana Pisharadi also observed that filing of a complaint under Section 138 of the. The Kerala High Court has held that when there is an alteration in the cheque with regard to the name of the payee, the burden is upon the complainant to prove that such alteration was made by the accused himself or that it was made with the consent of the accused. In Geemol Joseph v. Kousthabhan, Justice R. Narayana Pisharadi also observed that filing of a complaint under Section 138 of the Act through the power of attorney holder is perfectly legal and competent In this case, the name of the payee written as "Kousthubhan" in the cheque was seen struck off and the name of the complainant was written in the cheque as the payee. Referring to Section 87 of the Negotiable Instruments Act and also the evidence on record, the Court agreed with the First Appellate Court that, when the cheque contained a correction with regard to the name of the payee, which was not even attested by the signature of the accused, it is highly improbable that the complainant would have accepted it.

Consent Evidence Court Accused Attorney Complainant Holder Section 138 Cheque Cross Examination Alteration Payee Such Alteration  read  payee  alteration  evidence  prove  burden  consent  holder  kerala  ni  complainant  cheque  accused  judgment  hc  court  attorney

History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
16 hours, 54 minutes ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
1 month, 2 weeks ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
1 month, 3 weeks ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

Can Association File Plea Before Administrative Tribunal On Behalf Of Members?
2 months ago

Can Association File Plea Before Administrative Tribunal On Behalf Of Members?

Live Law  

The Kerala High Court has ruled that associations can file original applications before the State Administrative Tribunal on behalf of their members. This means that the association can represent the grievances of its members and address them directly to the Tribunal, even if the association itself is not a party to the dispute. The court also clarified that an association …

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court
7 months, 2 weeks ago

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court

Live Law  

The Kerala High Court relying upon the Apex Court decision in Priyanka Srivastava & Anr. The Court held thus: “Where applications under Section 156 of Code of Criminal Procedure are to be supported by an affidavit duly sworn by the complainant who seeks the invocation of the jurisdiction of the Magistrate. 3) Prior to the filing of a petition under …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
9 months ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
9 months, 1 week ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction
10 months, 3 weeks ago

[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction

Live Law  

The Kerala High Court has stated that the prosecution has to examine a witness who had direct knowledge regarding the transaction, issuance and execution of the cheque to prove dishonour of the cheque. Justice A. Badharudeen observed that the examination of a witness who had no direct knowledge regarding the transaction or issuance of the cheque would be insufficient to …

NI Act Doesn't Prescribe Who Will Represent Company Which Is Complainant U/S 138, Can Be Represented By An Employee: Allahabad High Court
10 months, 3 weeks ago

NI Act Doesn't Prescribe Who Will Represent Company Which Is Complainant U/S 138, Can Be Represented By An Employee: Allahabad High Court

Live Law  

The Allahabad High Court has held that Section 142 of the Negotiable Instruments Act,1881 and Section 200 of the Criminal Procedure Code do not prescribe who can file a complaint on behalf of a company under Section 138 of the Negotiable Instruments Act,1881. With the result, the company becomes a dejure complainant and the person, who is representing the company …

S.274 Companies Act | NCLT Can Only Direct Company & Not It's Shareholders To File Written Statement & Objections During Winding Up: Kerala HC
1 year ago

S.274 Companies Act | NCLT Can Only Direct Company & Not It's Shareholders To File Written Statement & Objections During Winding Up: Kerala HC

Live Law  

The Kerala High Court recently laid down that the National Company Law Tribunal can only direct the Company to file its objections along with the statement of affairs when a petition for winding up of the Company before the Tribunal had been filed by any person other than the Company itself. Justice C. Jayachandran, passed the order on perusing Section …

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court
1 year, 3 months ago

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

Live Law  

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. The Kerala …

Section 145 NI Act Encompasses Court's Power To Summon & Re-Examine Witnesses: Himachal Pradesh High Court
1 year, 6 months ago

Section 145 NI Act Encompasses Court's Power To Summon & Re-Examine Witnesses: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that while Section 145 of the NI Act does not explicitly mention the re-examination of the complainant or other witnesses, the phrase "summon and examine any person giving evidence in affidavit" also encompasses the court's power to summon and re-examine such witnesses. The trial court dismissed the petitioner's application, stating that the …

S.138 NI Act | Production Of Original Power of Attorney Not Necessary At Time Of Taking Cognizance Of Complaint: J&K&L High Court
2 years, 2 months ago

S.138 NI Act | Production Of Original Power of Attorney Not Necessary At Time Of Taking Cognizance Of Complaint: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday ruled that the production of original Power of Attorney is not necessary at the time of taking cognizance of the complaint under Section 138 of Negotiable Instruments Act.The observations were made by Justice Sanjay Dhar while hearing a plea in which the petitioner had challenged a complaint filed by respondent …

S.156(3) CrPC | Magistrate Not A Post Office To Forward All Complaints Without Application Of Mind: Kerala High Court
2 years, 6 months ago

S.156(3) CrPC | Magistrate Not A Post Office To Forward All Complaints Without Application Of Mind: Kerala High Court

Live Law  

The Kerala High Court recently ruled that a Magistrate Court is bound to apply its mind while exercising the powers conferred to it under Section 156 of the Code of Criminal Procedure.Justice Kauser Edappagath stated that while taking cognizance of offences or ordering an investigation into any cognizable case, courts should not merely forward all complaints they receive like a. …

Section 138 NI Act - Prima Facie Indication That Complaint Is Filed By Authorized Person Of Company Sufficient For Magistrate To Take Cognisance : Supreme Court
2 years, 10 months ago

Section 138 NI Act - Prima Facie Indication That Complaint Is Filed By Authorized Person Of Company Sufficient For Magistrate To Take Cognisance : Supreme Court

Live Law  

The Supreme Court observed that, in a cheque bounce case, when the complainant/payee is a company, an authorized employee can represent the company. "Indication in the complaint and the sworn statement to the effect that the complainant is represented by an authorized person who has knowledge, would be sufficient. In addition, the supporting documents which were available on the record …

Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC
3 years ago

Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that in a cheque bounce case for insufficient funds, even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court.The Bench of Justice Sameer Jain further held that in such cases, there is no need for the Magistrate to record statements of witnesses under. …

Personal Presence Of Complainant Not Mandatory At The Time Of Filing When Party Is Represented By Advocate : Karnataka HC [Read Order]
4 years, 7 months ago

Personal Presence Of Complainant Not Mandatory At The Time Of Filing When Party Is Represented By Advocate : Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has held that when a written complaint as contemplated by clause of sub section 1 of section 190 of Criminal Procedure Code is filed and when the complainant is represented by the advocate the courts of magistrate cannot insist upon presence of complainant at the time of filing of the complaint. A division bench of Chief …

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