Case Summary
P.J. Robin Babu filed a complaint against Aravind Prasad alleging that he issued a cheque for settling a debt which was dishonoured due to account closure. The court found the accused not guilty.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court acquitted Aravind Prasad of the offence, stating that the complainant failed to prove a legally enforceable debt.
Key Reasoning:
The complainant failed to prove that the cheque was issued for a legally enforceable debt.
The complainant failed to prove that the cheque was issued for a legally enforceable debt.
Why Defendant Won:
The complainant failed to prove that the cheque was issued for a legally enforceable debt.
The complainant failed to prove that the cheque was issued for a legally enforceable debt.
Supporting Evidence
Considering the evidence in its totality, the complainant failed to prove that the accused issued Ext. P1 cheque in discharge of a legally enforceable debt.
Judgment Evidence:
In the result, the accused is found not guilty of the offence punishable u/s. 138 of the Negotiable Instruments Act, and he is acquitted under Section 255 (1) of the CrPC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.J. Robin Babu
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aravind Prasad
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.016217 dated 30.03.2019 for Rs.9,00,000/- drawn on ICICI Bank, Vaikom Branch; Cheque return memo dated 02.04.2019; Office copy of lawyer's notice dated 01.05.2019; Postal receipt dated 01.05.2019; A/D card dated 02.05.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju V. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gaganan
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused in discharge of a debt amount.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating the cheque was returned due to 'Account Closed'.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the accused demanding the cheque amount.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the legal notice.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card that proves the accused received the notice.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
ST.
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act