Case Summary
The complainant Ahnas.M, represented by Shameer.A, filed a complaint against Jayakumar for dishonoring a cheque. The case revolves around a loan agreement and the subsequent default in payments.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused Jayakumar was found not guilty of the offence punishable under Section 138 of the NI Act. The court acquitted him based on the evidence presented.
Key Reasoning:
The complainant failed to prove the existence of a legally enforceable debt corresponding to the cheque.
The complainant failed to prove the existence of a legally enforceable debt corresponding to the cheque.
Why Defendant Won:
The complainant failed to prove the existence of a legally enforceable debt corresponding to the cheque.
The complainant failed to prove the existence of a legally enforceable debt corresponding to the cheque.
Supporting Evidence
The complainant has failed to establish, by legally admissible evidence, that the accused owed the amount covered under Exhibit P1 cheque on the date of its issuance.
Judgment Evidence:
In the result, the accused is found not guilty of the offence punishable U/s 138 of the NI Act. He is acquitted U/s 255(1) of Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ahnas.M
- Relation
- Proprietor, Haritha Syndicate
- Party Role
- Plaintiff
- Party Name
- Shameer.A
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayakumar
- Relation
- S/o
Plaintiffs Documents
Original Cheque bearing No. 003841 dated 07/06/2018, Original dishonour memo dated 19/06/2018, Copy of the legal notice dated 02/07/2018, Original postal receipt dated 03/07/2018, Original acknowledgment card.
Defendants Documents
Retail invoice dated 08/12/2014, Receipts issued from Haritha Syndicate from various dates.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Ziyad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G.Gopakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The accused was found not guilty of the offence punishable under section 138 of the NI Act.
Evidence:
the accused is found not guilty of the offence punishable under section 138 of the NI Act.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Proved by PW1 as evidence of the accused's liability.
Reference:
P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Proved by PW1 showing that the cheque was dishonoured.
Reference:
P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Proved by PW1 as evidence of notice sent to the accused.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proved by PW1 as evidence that notice was sent.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proved by PW1 showing that the accused accepted the notice.
Reference:
P5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Proved by PW1 showing representation of the complainant.
Reference:
P6
Document Type:
Retail Invoice
Submitted By:
Defendant
Relevance:
Proved by PW1, relevant to the financial transaction.
Reference:
D1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payment made towards the loan.
Reference:
D2
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payment made towards the loan.
Reference:
D3
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payment made towards the loan.
Reference:
D4
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payment made towards the loan.
Reference:
D5
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payment made towards the loan.
Reference:
D6
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payment made towards the loan.
Reference:
D7
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of multiple payments made.
Reference:
D8 series
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payments made after filing the case.
Reference:
D9 series
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Proved by PW1 as evidence of payment made towards the loan.
Reference:
D10
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act