Case Summary
The case involves a complaint by Kavitha M. M. against Kunnummal Sathyan V. V. for dishonor of a cheque amounting to Rs. 8,00,000. The accused was accused of failing to pay the complainant after a cheque was issued and subsequently dishonored.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the charges under Section 138 of the Negotiable Instruments Act and was acquitted.
Key Reasoning:
The complainant failed to establish that the cheque was issued in discharge of a legally enforceable debt or liability.
The complainant failed to establish that the cheque was issued in discharge of a legally enforceable debt or liability.
Why Defendant Won:
The complainant failed to establish that the cheque was issued in discharge of a legally enforceable debt or liability.
The complainant failed to establish that the cheque was issued in discharge of a legally enforceable debt or liability.
Supporting Evidence
The complainant has failed to establish that the cheque was issued in transaction of a legally enforceable debt or liability.
Judgment Evidence:
In the result, (i) The accused is found not guilty of the offence punishable under Section 138 of the N.I. Act and is acquitted under Section 255(1) of Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kavitha M. M.
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kunnummal Sathyan V. V.
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Cheque No. 000002 for ₹ 8,00,000/- of the Bank of Baroda, Kuttiady Branch; Dishonor Memo; Registered lawyer notice; Postal Receipt; Acknowledgment Card; Reply Notice.
Defendants Documents
Quotation of Devag Herbals and Surgical distributors; GST Invoice; Bills of Devag Medicals and Surgical Distributors; Transaction Details and Particulars of the amount transferred; Complaint made before the Kuttiady Police.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. P. Vimesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajeevan Mallissery
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is found not guilty and acquitted.
Evidence:
The accused is found not guilty of the offence punishable under Section 138 of the N.I. Act and is acquitted under Section 255(1) of Cr.P.C.
Relief Type:
Other
Outcome:
Granted
Description:
The bail bond of the accused is cancelled.
Evidence:
The bail bond of the accused stands cancelled and is set at liberty.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved the cheque as evidence of the alleged debt.
Reference:
P1
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Demonstrated that the cheque was dishonored.
Reference:
P2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Served as notice to the accused regarding the cheque's dishonor.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the notice to the accused.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notice by the accused.
Reference:
P5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the accused denying the allegations.
Reference:
P6
Document Type:
Quotation
Submitted By:
Defendant
Relevance:
Evidence presented by the accused.
Reference:
D1
Document Type:
GST Invoice
Submitted By:
Defendant
Relevance:
Provided by the defense to support their case.
Reference:
D2
Document Type:
Bills
Submitted By:
Defendant
Relevance:
Documentary evidence from the defense.
Reference:
D3 series
Document Type:
Transaction Details
Submitted By:
Defendant
Relevance:
Details of transactions to counter the complainant's claim.
Reference:
D4 series
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Accused's complaint against the complainant.
Reference:
D5
Document Type:
Acknowledgment of Complaint
Submitted By:
Defendant
Relevance:
Proof of the complaint made by the accused.
Reference:
D6
Document Type:
Ledger Extract
Submitted By:
Court
Relevance:
Evidence regarding the account status of the cheque.
Reference:
X1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Kavitha M. M. vs Kunnummal Sathyan V. V. regarding dishonor of cheque
Case Code Year
Case between Kavitha M. M. vs Kunnummal Sathyan V. V. regarding dishonor of cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act