2006 CRI. L. J. 4700 ::2006 (6) All LJ EE 703 ::2006 (6) ALJ 703 ::(2007) 2 CivilCourtC 655 ::2007 (2) RecCriR 734 ::(2007) 3 RecCivR 106 ::2007 (3) AllCriLR 170 ::2007 (3) BankCas 354 ::2007 (3) BankCas 720 ::2007 (137) Com Cas 723 ::2007 (2) NIJ 513 ::2006 (3) Ker LT 926 ::2006 (3) Ker LJ 73

Kerala High Court

Hon'ble Judge(s): K. A. Abdul Gafoor , J

(A) Negotiable Instruments Act (26 of 1881) , S.138— Dishonour of cheque - Difference in ink and handwriting as regards particulars of cheque and signature - Effect - Once cheque is signed by drawer he cannot absolve liability unless he proves by evidence that cheque was not given in discharge of liability - Failure of accused to prove such fact - Acquittal of accused on ground that there was difference in ink and handwriting with regard to filling of cheque as well as signature - Liable to be set aside. (Para 2) (B) Negotiable Instruments Act (26 of 1881) , S.138, S.142— Dishonour of cheque - Complaint - Limitation - Notice sent on first occasion did not reach accused and came back with remarks that there was no such addressee - However, notice sent on second occasion reached accused - Limitation starts from service of second notice - Oral intimation given complaint to accused prior to issuance of second notice - Is inconsequential - Acquittal of accused on ground that complaint was filed beyond period of limitation - Liable to be set aside. (Para 5 7) .....