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
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.
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
Plaintiffs
Chandran (57 years)
Panikath Rayiramellor Amsom, Edappal Desom. Naduvattom Pin. 679308
Defendants
Sasikala. A (40 years)
Thanikavil veedu, P.O Kurumbathoor (via) Thirunavaya Pin. 676301, Malappuram Dt.
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