Case Summary
M/s Sree Gokulam Chit and Finance Co.(P)Ltd filed a complaint against Mrs.Meena Jayaprakash for issuing a dishonoured cheque. The court found the accused not guilty, concluding that the complainant failed to establish a legally enforceable debt.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused is found not guilty of the offence under section 138 of the Negotiable Instruments Act and is acquitted.
Key Reasoning:
The complainant failed to establish that there was any legally enforceable debt.
The complainant failed to establish that there was any legally enforceable debt.
Why Defendant Won:
The complainant failed to establish that there was any legally enforceable debt.
The complainant failed to establish that there was any 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Sree Gokulam Chit and Finance Co.(P)Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mrs.Meena Jayaprakash
- Party Age
- 55
Plaintiffs Documents
Copy of Power of Attorney, Debt Acknowledgment, Debt acknowledgment and guarantee deed in Chit No:G2J/1031/16, Monthly ledger extract, Debt Acknowledgment, Debt acknowledgment and guarantee deed in Chit No:R2J/0058/16, Monthly ledger extract, Cheque, Office copy of lawyer’s notice, Postal Receipt, Statement of Account.
Defendants Documents
Receipt, Payment slip, Payment slip.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Roy Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Jimmy George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The complainant's case was not proven, and the accused was acquitted.
Evidence:
In the result, the accused is found not guilty for offence punishable U/s.138 of Negotiable Instrument Act.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the Power of Attorney executed by the Managing Director of the complainant.
Reference:
Ext.P1
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Debt acknowledgment dated 30.06.2012 signed by the subscriber and the accused.
Reference:
Ext.P2
Document Type:
Debt Acknowledgment and Guarantee Deed
Submitted By:
Plaintiff
Relevance:
Agreement dated 30.06.2012 entered between the complainant and the subscriber, with the accused signing as a surety.
Reference:
Ext.P3
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Debt acknowledgment dated 30.06.2012 signed by the subscriber and the sureties.
Reference:
Ext.P5
Document Type:
Debt Acknowledgment and Guarantee Deed
Submitted By:
Plaintiff
Relevance:
Agreement entered between the complainant and the subscriber regarding the receipt of chitty amount, with the accused signing as surety.
Reference:
Ext.P6
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused for an amount of ₹14,11,700/- which was dishonoured.
Reference:
Ext.P9
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice issued to the accused regarding the dishonoured cheque.
Reference:
Ext.P11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the notice sent to the accused.
Reference:
Ext.P12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the delivery of the notice.
Reference:
Ext.P13
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
Statement of account reflecting the transactions of the complainant.
Reference:
Ext.X1 series
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between M/s Sree Gokulam Chit and Finance Co.(P)Ltd vs Mrs.Meena Jayaprakash regarding offence under section 138 of Negotiable Instruments Act.
Case Code Year
Case between M/s Sree Gokulam Chit and Finance Co.(P)Ltd vs Mrs.Meena Jayaprakash regarding offence under section 138 of Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour