As per the Negotiable Instruments Act, the complainant must specifically allege the nature of the debt or liability u/s 138

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Last updated: 10 April 2021
Quick Summary
The Kerala High Court has ruled that under Section 138 of the Negotiable Instruments Act, a complainant must clearly state the specific nature of the debt or liability when filing a complaint regarding a dishonoured cheque. This ruling clarifies conflicting previous opinions and ensures proper procedure is followed in such cases.

Court :
Kerala High court

Brief :
This Appeal is filed against the order of acquittal inCriminal Appeal No.17/2002 on the file of Additional Sessions Court, Kozhikode. The first appellate court reversed the conviction and sentence passed under Sec.138 of the Negotiable Instruments Act, 1881(hereinafter 'the Act') and acquitted the respondent (hereinafter 'the accused').

Citation :
CRL.A.No.41 OF 2005

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