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ST 70/2020

Case between Bindhu C.R vs Binu C.C regarding alleged offence under Section 138 of the Negotiable Instrument Act.

Court
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Judge
Miss. Abhinimol Rajendran
Order Date
2025-10-07
Duration
approximately-5 years 2 months
Case Code No.
70
Case Closed
Tue, 10/07/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
The court found the accused not guilty of the alleged offence under Section 138 of the Negotiable Instruments Act and acquitted him.
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.
Why Defendant Won:
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

Quick Facts

Location
Vaikom
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Sun, 08/02/2020 - 12:00
Case Closed
Tue, 10/07/2025 - 12:00
From
Wed, 10/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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