Case Summary
The complainant, Bindhu C.R, alleges that the accused, Binu C.C, failed to repay a loan. The case centers around a dishonored cheque and whether proper legal notice was served.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court found the accused not guilty of the alleged offence under Section 138 of the Negotiable Instruments Act and acquitted him.
Key Reasoning:
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt.
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt.
Why Defendant Won:
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt.
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt.
Supporting Evidence
The complainant failed to prove that the accused issued Ext. P1 cheque in discharge of a legally enforceable debt.
Judgment Evidence:
In the result, the accused is found not guilty of the offence punishable u/s. 138 of the Negotiable Instruments Act, and he is acquitted under Section 255 (1) of the CrPC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindhu C.R
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Binu C.C
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.108416 dated 18.05.2020 for Rs.4,00,000/-, Dishonour memo dated 20.06.2020, Office copy of Lawyer’s notice dated 18.07.2020, Postal Receipt dated 18.07.2020, Returned notice with Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. Harimohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.N. Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The complainant sought to establish the liability of the accused under Section 138 of the Negotiable Instruments Act.
Evidence:
The complainant failed to prove that the accused issued Ext. P1 cheque in discharge of a legally enforceable debt.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque that was allegedly issued by the accused to the complainant's husband which was dishonoured.
Reference:
P1C
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The memo indicating that the cheque was dishonoured due to insufficient funds.
Reference:
P2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the accused demanding payment for the dishonoured cheque.
Reference:
P30
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The receipt proving that the demand notice was sent to the accused.
Reference:
P4C
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
The returned notice with acknowledgment card showing that the notice was not received by the accused.
Reference:
P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
ST
Case Code Year
2020
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour