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S.T. 68/2021

Case between M/s Sree Gokulam Chit & Finance Co. (P) Ltd. vs Movish M.R regarding offence under Section 138 of the Negotiable Instruments Act

Court
Judicial First Class Magistrate – IV Kottayam
Judge
Smt. Jyothi Babu.R
Order Date
2025-11-17
Duration
approximately-5 years 1 day
Case Code No.
68
Case Closed
Mon, 11/17/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The complainant, a private limited company, accused the defendant of not repaying chit dues. The court found the accused not guilty due to insufficient evidence of a legally enforceable debt.

Judgment Outcome

Defendant Won
Interim Order
The accused was acquitted of the charges under Section 138 of the Negotiable Instruments Act.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was acquitted of the charges under Section 138 of the Negotiable Instruments Act.
Key Reasoning:
The complainant failed to establish a legally enforceable debt.
Why Defendant Won:
The complainant failed to establish a legally enforceable debt.
Supporting Evidence
The complainant could not establish that the accused has drawn Exhibit P6 cheque in discharge of a 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 & Finance Co. (P) Ltd.
Party Role
Defendant
Party Name
Movish M.R
Party Age
36
Relation
S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Extract from the minutes of the Board of Directors, Statement of account, Promissory Note, Monthly statement of account, Cheque bearing no.175179 for ₹1,60,000/-
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Roy Jose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sudeep V Nair
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The complainant sought to establish that the accused committed an offence under Section 138 of the N.I. Act.
Evidence:
Hence I hold that the complainant has miserably failed in establishing that the accused has committed an offence punishable U/s.138 of Negotiable Instruments Act.

Documents & Evidence

Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
Exhibit P4 is essential in establishing the debt obligation of the accused.
Reference:
Ext.P4
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Exhibit P6 is the cheque that was dishonoured and central to the complaint.
Reference:
Ext.P6
Document Type: Lawyer’s Notice
Submitted By: Plaintiff
Relevance:
Exhibit P8 is the legal notice issued to the accused regarding the cheque.
Reference:
Ext.P8

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

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sat, 12/11/2021 - 12:00
Case Closed
Mon, 11/17/2025 - 12:00
From
Wed, 10/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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