Case Summary
M/s. M.M Publications Ltd., represented by its Power of Attorney Holder Mr. Mathew George, filed a private complaint against P S Mohammed Basheer, alleging that he failed to pay for advertising charges due to dishonored cheques. 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 for the offence punishable under section 138 of the Negotiable Instruments Act and was acquitted. The bail bond of the accused stands cancelled and he is set at liberty.
Key Reasoning:
The complainant failed to prove that the cheques were issued for a legally enforceable debt.
The complainant failed to prove that the cheques were issued for a legally enforceable debt.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The complainant has failed to prove any prior debt between the complainant and the accused. In the absence of any evidence to prove a total liability of Rs.13,09,927/- (Rupees Thirteen Lakhs Nine Thousand Nine Hundred and Twenty Seven only), as on 01.08.2018, it has to be held that there was no liability of the amount covered by the cheques on the date of presentation of the cheque.
Judgment Evidence:
In the result, the accused is found not guilty for the offence punishable under section 138 of the Negotiable Instrument Act and he is acquitted of the said offence u/s.255(1) Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. M.M Publications Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- P S Mohammed Basheer
- Party Age
- 46
Plaintiffs Documents
Cheque No.157194 dated 01.08.2018, Notice dated 17.11.2018, Power of Attorney.
Defendants Documents
Bank statement, Bank guarantee invocation letters.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K J Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Avaneesh V N
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused towards payment for advertisement charges.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Document showing the cheque was dishonoured.
Reference:
Ext.P2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the notice issued to the accused demanding cheque payment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of postage for the notice sent to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the notice by the accused.
Reference:
Ext.P5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of attorney document proving representation of the complainant in court.
Reference:
Ext.P6
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the accused for advertisement payment.
Reference:
Ext.P7
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Document showing the second cheque was also dishonoured.
Reference:
Ext.P8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Second office copy of the notice issued to the accused.
Reference:
Ext.P9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of postage for the second notice sent.
Reference:
Ext.P10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the second notice received by the accused.
Reference:
Ext.P11
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Another instance of the power of attorney document.
Reference:
Ext.P12
Document Type:
Release Order
Submitted By:
Plaintiff
Relevance:
Document related to the advertisement for which the cheque was issued.
Reference:
Ext.P13
Document Type:
Release Order
Submitted By:
Plaintiff
Relevance:
Additional document regarding advertisement charges.
Reference:
Ext.P14
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement detailing the transactions between the complainant and accused.
Reference:
Ext.P15
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Certified invoice document related to the transaction with the accused.
Reference:
Ext.P16
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Another certified invoice document related to the transaction.
Reference:
Ext.P17
Document Type:
Resolution
Submitted By:
Court
Relevance:
Extract of resolution passed by the Board of Directors validating actions of PW1.
Reference:
Ext.P18
Document Type:
Bank statement
Submitted By:
Defendant
Relevance:
Document submitted by the defense regarding payments made.
Reference:
Ext.D1
Document Type:
Bank guarantee invocation letters
Submitted By:
Defendant
Relevance:
Letters proving the invocation of the bank guarantee concerning the payments.
Reference:
Ext.D2
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2020
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act