Case Summary
Maya Shereen filed a complaint against Jayakumar for dishonouring a cheque issued for the repayment of a loan. The court found the accused not guilty.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the offence of dishonouring the cheque issued under the Negotiable Instruments Act.
Key Reasoning:
The complainant failed to comply with the statutory requirements under Sec. 138 of the Negotiable Instruments Act.
The complainant failed to comply with the statutory requirements under Sec. 138 of the Negotiable Instruments Act.
Why Defendant Won:
The complainant failed to comply with the statutory requirements under Sec. 138 of the Negotiable Instruments Act.
The complainant failed to comply with the statutory requirements under Sec. 138 of the Negotiable Instruments Act.
Supporting Evidence
The complainant failed to prove the initial burden.
Judgment Evidence:
In the result, the accused is found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, and hence he is acquitted under Section 255(1) of CrPC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maya Shereen
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayakumar
Plaintiffs Documents
Cheque bearing No.189842 dated 30/04/2019, Copy of Cheque Return memo dated 14/06/2019, Office Copy of Advocate Notice dated 11/07/2019, Postal receipt dated 11/07/2019, Unserved postal articles
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G. Vijayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishna S. Raj
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque is the subject of the allegations regarding dishonour due to insufficient funds.
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The document shows the dishonour of the cheque due to insufficient funds.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This was the legal notice sent to the accused demanding payment for the dishonoured cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The receipt evidences the sending of the legal notice to the accused.
Reference:
Ext.P4
Document Type:
Unserved postal articles
Submitted By:
Plaintiff
Relevance:
This document demonstrates that the legal notice was not served to the accused.
Reference:
Ext.P5
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.NO.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour