Case Summary
C P Mathan filed a complaint against N J Joseph alleging dishonor of a cheque issued for a personal loan of ₹1,00,000. The case revolves around the execution and repayment of the cheque that was claimed to have insufficient funds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused, N J Joseph, was found not guilty of the offence under section 138 of the Negotiable Instrument Act and was acquitted.
Key Reasoning:
The complainant failed to establish the legitimacy of the debt and the execution of the cheque.
The complainant failed to establish the legitimacy of the debt and the execution of the cheque.
Why Defendant Won:
The complainant failed to establish the legitimacy of the debt and the execution of the cheque.
The complainant failed to establish the legitimacy of the debt and the execution of the cheque.
Supporting Evidence
The complainant could not establish beyond all reasonable doubts that the accused had executed and issued Exhibit P1 cheque to PW1 for the discharge of a legally enforceable debt, and the defense could rebut the presumption.
Judgment Evidence:
In the result, the accused is found not guilty of the offence u/s 138 of the Negotiable Instrument Act. He is acquitted u/s 255(1) of Cr.P.C in respect of the said offence.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C P Mathan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N J Joseph
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Cheque No.68382 for ₹1,00,000/- drawn on The Ezhacherry Service Co-operative Bank Ltd, Legal notice dated 29.07.2020, Cheque Return Memo dated 08.07.2020
Defendants Documents
Receipt for ₹1,27,000/- issued by Shri.C P Mathan, Final Charge in crime No.795/2020 of Ramapuram police station
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ajith Kumar C K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Joseph Sebastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Not Decided
Description:
Claim for repayment of ₹1,00,000/- by the complainant.
Evidence:
The accused is found not guilty of the offences under Section 138 of the NI Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused to the complainant for discharging a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document indicating that the cheque was dishonored due to insufficient funds.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused demanding repayment after the cheque was dishonored.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the statutory notice to the accused.
Reference:
Ext.P4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming the accused received the notice.
Reference:
Ext.P5
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt claimed by the defense to show repayment of a separate loan.
Reference:
Ext.D2
Document Type:
Final report
Submitted By:
Defendant
Relevance:
Final report from police regarding a related case involving the complainant and the accused's wife.
Reference:
Ext.D3
Document Type:
Marriage Certificate
Submitted By:
Defendant
Relevance:
Certificate showing the date of the accused's daughter's marriage, relevant to the defense.
Reference:
Ext.D5
Document Type:
Statement of Accounts
Submitted By:
Unknown
Relevance:
Statement of accounts from an independent source, relevant to the financial transactions discussed.
Reference:
Ext.X1
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 C P Mathan vs N J Joseph regarding dishonor of cheque under Negotiable Instrument Act
Case Code Year
Case between C P Mathan vs N J Joseph regarding dishonor of cheque under Negotiable Instrument Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act