Case Summary
The case involves a complaint by Gentleman Chit Funds Company against Abdul Shabeer K.A for not honoring cheques issued for a chitty transaction. The accused was found not guilty and acquitted of the charges.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was acquitted of the charges under Section 138 of the Negotiable Instruments Act due to lack of sufficient evidence proving the existence of a legally enforceable debt.
Key Reasoning:
The complainant failed to prove the existence of a legally enforceable debt.
The complainant failed to prove the existence of a legally enforceable debt.
Why Defendant Won:
The complainant failed to prove the existence of a legally enforceable debt.
The complainant failed to prove the existence of a legally enforceable debt.
Supporting Evidence
Considering the evidence in its totality, the complainant failed to prove that the accused issued Ext. P3 and Ext P4 cheques 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
- Gentleman Chit Funds Company (India) PVT Ltd.
- Party Role
- Defendant
- Party Name
- Abdul Shabeer K.A
- Relation
- S/o
Plaintiffs Documents
Minutes of the meeting dated 04.10.2021, Chitti agreement dated 29.02.2016, Cheque bearing No.495483 dated 25.11.2018, Cheque bearing No.495484 dated 10.12.2018, Dishonour memos dated 12.12.2018, Return memos dated 17.12.2018, Office copy of lawyer's notice dated 15.01.2019, Postal Receipt dated 15.01.2019, Returned notice with Acknowledgment card, Account statement of chitti transaction.
Defendants Documents
Chitty passbook, Daily collection statement, Statement of bank account, 65B Certificate, Cheque issue register.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sri.N Sreejith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sri. N.A shafeek
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued as part of payment for legally enforceable debt.
Reference:
Ext.P3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued as part of payment for legally enforceable debt.
Reference:
Ext.P4
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
Memos indicating dishonour of cheques due to insufficient funds.
Reference:
Ext.P5
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Memos indicating dishonour of cheques due to insufficient funds.
Reference:
Ext.P6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Demand notice sent to the accused after the dishonour of the cheques.
Reference:
Ext.P7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending demand notice to the accused.
Reference:
Ext.P8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Returned notice with acknowledgment card serving as proof of service.
Reference:
Ext.P9
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of chitti transaction highlighting the payment details.
Reference:
Ext.P10
Document Type:
Chitty Passbook
Submitted By:
Defendant
Relevance:
Document used in defence to prove transactions relevant to the chitty agreement.
Reference:
Ext.D1
Document Type:
Daily Collection Statement
Submitted By:
Defendant
Relevance:
Evidence presented by the defendant showing payments made.
Reference:
Ext.D2
Document Type:
Bank Account statement
Submitted By:
Defendant
Relevance:
Document evidencing the financial transactions of the accused.
Reference:
Ext.D3
Document Type:
Bank Account statement
Submitted By:
Defendant
Relevance:
Document evidencing the financial transactions relevant to the defence.
Reference:
Ext.D4
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Legal certificate required to validate the evidence.
Reference:
Ext.D4(a)
Document Type:
Cheque Issue Register
Submitted By:
Defendant
Relevance:
Record to show the issue of cheques related to the chitty transaction.
Reference:
Ext.D5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
ST
Case Code Year
2020
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act