Case Summary
M/s. Sree Gokulam Chit & Finance Co. (P) Ltd. filed a complaint against Mr. John V.V. alleging that he committed an offence under Section 138 of the Negotiable Instruments Act by issuing a dishonoured cheque. The court found the accused not guilty as the complainant failed to establish a legally enforceable debt.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court found the accused not guilty for the offence punishable under Section 138 of the Negotiable Instruments Act.
Key Reasoning:
The complainant could not establish that the accused has drawn the cheque in discharge of a legally enforceable debt.
The complainant could not establish that the accused has drawn the cheque in discharge of a legally enforceable debt.
Why Defendant Won:
The complainant could not establish that the accused has drawn the cheque in discharge of a legally enforceable debt.
The complainant could not establish that the accused has drawn the cheque in discharge of a legally enforceable debt.
Supporting Evidence
On an overall analysis of the deposition of PW1, it could be understood that PW1 has no knowledge regarding the transaction.
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 canceled and he is set at liberty.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Sree Gokulam Chit & Finance Co. (P) Ltd.
- Party Role
- Defendant
- Party Name
- Mr. John V.V.
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Extract from the minutes of the Board of Directors, Promissory note, Debt acknowledgment, Guarantee deed, Statement of account, Cheque, Dishonour memo, Lawyer’s notice, Postal receipt, Acknowledgment card.
Defendants Documents
Notice issued by complainant company, Notice issued by complainant company, Chit passbook of Raju K.J.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anupa Das
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunny Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The complainant sought enforcement of payment for a dishonoured cheque.
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:
Extract from the minutes of the Board of Directors
Submitted By:
Plaintiff
Relevance:
This document proves the authority of the power of attorney holder to represent the complainant company.
Reference:
P1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is alleged to be executed by the subscriber as part of the chit transaction.
Reference:
P2
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt of the subscriber and is important to the complainant's case.
Reference:
P3
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
This document further supports the claims regarding the chit transaction.
Reference:
P4
Document Type:
Statement of account of the chit
Submitted By:
Plaintiff
Relevance:
This document provides a detailed account of the financials related to the chit transaction.
Reference:
P5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the accused in discharge of the alleged debt, which was later dishonoured.
Reference:
P6
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo confirms the dishonour of the cheque presented by the complainant.
Reference:
P7
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the accused demanding payment after the dishonour of the cheque.
Reference:
P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as evidence that the lawyer’s notice was sent to the accused.
Reference:
P9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the lawyer’s notice by the accused.
Reference:
P10
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice was issued by the complainant company requesting payment from the accused.
Reference:
D1
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice was sent by the complainant to demand payment from the accused and subscriber.
Reference:
D2
Document Type:
Chit passbook
Submitted By:
Defendant
Relevance:
This document provides context regarding the chit transaction of Mr. Raju K.J.
Reference:
D3
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
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act