Case Summary
The complainant, Legendary Distributers, alleged that the accused, Asfal, failed to pay for goods purchased and issued cheques that were dishonored. The court found the accused not guilty of the offence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was acquitted of the charges and found not guilty.
Key Reasoning:
The complainant failed to prove that the accused committed the offence punishable U/s 138 of the NI Act.
The complainant failed to prove that the accused committed the offence punishable U/s 138 of the NI Act.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It can be concluded that the complainant has filed to prove the offence U/s 138 of the NI Act against the accused.
Judgment Evidence:
In the result, the accused is not guilty of the offence punishable U/s 138 of the NI Act and he is acquitted U/s 255 (1) of Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Legendary Distributers
- Party Role
- Plaintiff
- Party Name
- Nex P Antony
- Party Age
- 40
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Asfal
Plaintiffs Documents
Board Resolution dated 05/01/2018, Original cheque Nos. 000032, 000033, 000034 dated 17/01/2018, Dishonour memo dated 26/03/2018, Advocate notice dated 24/04/2018, Original postal receipt dated 25/04/2018, Original acknowledgment card signed by the accused.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.A. Priji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnan.S.Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is acquitted of the offence punishable U/s 138 of the NI Act.
Evidence:
Therefore, the accused is not guilty of the offence punishable U/s 138 of the NI Act and he is acquitted U/s 255 (1) of Cr.PC.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
These cheques were issued by the accused to the complainant as payment for goods but were dishonoured.
Reference:
Ext.P2, P3, P4
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
These memos indicate that the cheques were dishonoured due to insufficient funds.
Reference:
Ext.P5, P6, P7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the accused after the cheques were dishonoured, notifying them of the legal action.
Reference:
Ext.P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt proves that the legal notice was sent to the accused.
Reference:
Ext.P9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card shows that the accused accepted the legal notice.
Reference:
Ext.P10
Document Type:
Account Opening Form
Submitted By:
Court
Relevance:
These documents provide details about the account related to the cheques issued by the accused.
Reference:
Ext.X1 series
Document Type:
Account Opening Form
Submitted By:
Court
Relevance:
This document shows details of the proprietorship of Libra Enterprises.
Reference:
Ext.X2
Document Type:
Certificate
Submitted By:
Court
Relevance:
These certificates provide confirmation of the details related to the bank account and the proprietor.
Reference:
Ext.X3, X4
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act