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ST No.34/2019

Case between Bennet vs Ajith K Sebastian regarding dishonour of cheque under NI Act.

Court
COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, PALA
Judge
Sri. Hasheem. S
Order Date
2025-12-31
Duration
approximately-6 years 11 days
Case Closed
Wed, 12/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Bennet, the complainant, alleged that Ajith K Sebastian borrowed ₹20 Lakhs and failed to repay, resulting in a cheque being dishonoured. The court found the accused not guilty, as the complainant could not prove the existence of a transaction.

Judgment Outcome

Defendant Won
Interim Order
The accused was found not guilty and acquitted of the offence under section 138 of the Negotiable Instruments Act.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty and acquitted of the offence under section 138 of the Negotiable Instruments Act.
Key Reasoning:
The complainant could not establish the financial capacity to lend the amount or provide sufficient evidence for the transaction.
Why Defendant Won:
Not available
Supporting Evidence
The defence could rebut the presumption under Section 118 and 139 of the NI Act through cross-examination of the PW1, leading to serious doubt about the existence of debt.

Judgment Evidence:

In the result, the accused is found not guilty of the offence u/s 138 of the Negotiable Instruments Act, and he is acquitted u/s 255(1) of the Cr.P.C.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Bennet
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Ajith K Sebastian
Party Age
36
Relation
S/o
Plaintiffs Documents
Cheque No.289491, Pay in slip, Cheque return memo, Office copy of legal notice, Postal receipt, Postal acknowledgment card
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv.Jaison Joseph
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv.S.Rajesh
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The complainant claimed that the accused was guilty of the offence u/s 138 of the Negotiable Instruments Act.
Evidence:
In the result, the accused is found not guilty of the offence u/s 138 of the Negotiable Instruments Act, and he is acquitted.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The accused issued Ext.P1 cheque to the complainant for discharging a legally enforceable debt of ₹20,00,000/-.
Reference:
Ext.P1
Document Type: Pay in Slip
Submitted By: Plaintiff
Relevance:
Ext.P2 is the pay in slip issued from Canara Bank, Bharananganam branch for the receipt of the cheque.
Reference:
Ext.P2
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Ext.P3 is the cheque return memo dated 11.11.2019 issued from the Canara Bank, Bharananganam branch.
Reference:
Ext.P3
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Ext.P4 is the office copy of the legal notice sent to the accused.
Reference:
Ext.P4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Ext.P5 is the postal receipt dated 22.11.2019 for sending the statutory notice.
Reference:
Ext.P5
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Ext.P6 is the postal acknowledgment card showing that the accused received the notice on 26.11.2019.
Reference:
Ext.P6

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Cheque dishonour
Case Code
Case between Bennet vs Ajith K Sebastian regarding dishonour of cheque under NI Act.
Case Code Year
Case between Bennet vs Ajith K Sebastian regarding dishonour of cheque under NI Act.

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Pala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Case Filed
Tue, 11/05/2019 - 12:00
Case Closed
Wed, 12/31/2025 - 12:00
From
Tue, 10/28/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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