Case Summary
Chandran filed a complaint against Sasikala alleging issuance of a cheque for repayment of a loan which was returned due to insufficient funds. The court found the accused not guilty of the alleged offence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court acquitted the accused, finding that the complainant failed to prove the issuance of the cheque for a legally enforceable debt.
Key Reasoning:
The complainant failed to provide adequate evidence to establish the existence of a legally enforceable debt.
The complainant failed to provide adequate evidence to establish the existence of a legally enforceable debt.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Considering the facts and circumstance of the case and also on the analysis of the evidence let in, I hold that the complainant has failed to prove that Exhibit P1 cheque was issued by the accused for consideration and in discharge of liability.
Judgment Evidence:
In the result, the accused is acquitted u/s 255(1) CrPC for the offence u/s 138 of The Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandran
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sasikala. A
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Cheque No.127727 dated 01.08.2012, Return Memo from State Bank of India, Valanchery, Lawyer notice, Postal receipt, Acknowledgement card
Defendants Documents
Advocates
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused towards repayment of the amount borrowed by her from the complainant.
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The memo shows that the cheque was returned dishonoured due to insufficiency of funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the accused demanding payment of the cheque amount after it was dishonoured.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidences the sending of the lawyer notice to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
The card acknowledges the receipt of the lawyer notice by the accused.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Chandran vs Sasikala et al regarding cheque dishonour under Negotiable Instruments Act
Case Code Year
Case between Chandran vs Sasikala et al regarding cheque dishonour under Negotiable Instruments Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act