Case Summary
M/s. Keerthi Hire Purchase and Credits Ltd. filed a complaint against Pandi Rajeswari for dishonouring a cheque for a loan of ₹1,52,000. The accused failed to repay the loan amount as agreed, leading to the legal action.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court found Pandi Rajeswari not guilty of the charges under Section 138 of the Negotiable Instruments Act and acquitted her of the charges.
Key Reasoning:
The complainant failed to establish that there was a legally enforceable debt.
The complainant failed to establish that there was a legally enforceable debt.
Why Defendant Won:
The complainant failed to establish that there was a legally enforceable debt.
The complainant failed to establish that there was a legally enforceable debt.
Supporting Evidence
On an overall analysis of the evidence on record, it can be held that the complainant could not establish that there was any legally enforceable debt.
Judgment Evidence:
In the result, the accused is found not guilty for offence punishable U/s.138 of Negotiable Instrument Act. Therefore, the accused is acquitted U/s. 255(1) Cr.P.C. The bail bond executed by the accused stands hereby cancelled and she is set at liberty.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Keerthi Hire Purchase and Credits Ltd.
- Party Role
- Defendant
- Party Name
- Pandi Rajeswari
- Party Age
- 34
- Relation
- D/o
Plaintiffs Documents
Power of attorney, Statement of account, Certificate and balance statement, Cheque for ₹1,52,000, Dishonour memo, Lawyer’s notice, Postal receipt, Envelope with endorsement
Defendants Documents
Receipt vouchers on different dates
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Siraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shamil Basheer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is found not guilty for offence punishable U/s. 138 of N.I Act.
Evidence:
In the result, the accused is found not guilty for offence punishable U/s.138 of Negotiable Instrument Act.
Relief Type:
Other
Outcome:
Granted
Description:
The accused is acquitted.
Evidence:
Therefore, the accused is acquitted U/s. 255(1) Cr.P.C.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 14.11.2024.
Reference:
P1
Document Type:
Statement of account of the accused with the complainant company
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 14.11.2024.
Reference:
P2
Document Type:
Certificate and balance statement
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 14.11.2024.
Reference:
P3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 14.11.2024.
Reference:
P4
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 14.11.2024.
Reference:
P5
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 27.07.2024.
Reference:
P6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 14.11.2024.
Reference:
P7
Document Type:
Envelope with endorsement
Submitted By:
Plaintiff
Relevance:
Proved by PW1 on 14.11.2024.
Reference:
P8
Document Type:
Receipt vouchers
Submitted By:
Defendant
Relevance:
Proved by PW1 on 23.12.2024.
Reference:
D1 Series
Document Type:
Receipt vouchers
Submitted By:
Defendant
Relevance:
Proved by DW1 on 17.03.2025.
Reference:
D2 Series
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
S.T.
Case Code Year
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act