Case Summary
Ramesan P.A filed a complaint against Kanakamani T.T for not repaying a loan of ₹5,28,000/- plus a dishonored cheque for ₹3,87,307/-. The case involved a claim that the accused had failed to return the borrowed amount as promised.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty and acquitted of the offence under Section 138 of the Negotiable Instruments Act.
Key Reasoning:
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt.
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt.
Why Defendant Won:
Not available
Not available
Supporting Evidence
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 she is acquitted under Section 255 (1) of the CrPC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramesan P.A
- Party Role
- Defendant
- Party Name
- Kanakamani T.T
- Relation
- D/o
Plaintiffs Documents
Cheque bearing No.100053 dated 05.11.2018, Legal notice dated 11.12.2018.
Defendants Documents
Attendance register, Telephone bills, Reply notice dated 02.02.2019.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.N. Chandra Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. P. Rajeev
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to the complainant for the remaining loan amount.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo indicated that the cheque was dishonoured.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the accused demanding the amount covered by the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt confirming delivery of the legal notice.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The card indicating receipt of the legal notice by the accused.
Reference:
Ext.P5
Document Type:
Attendance Register
Submitted By:
Defendant
Relevance:
The register was used to support the defendant's claim about the complainant's assistance.
Reference:
Ext.D1
Document Type:
Telephone bills
Submitted By:
Defendant
Relevance:
The bills were submitted to demonstrate the complainant's engagement with the petrol pump.
Reference:
Ext.D2 series
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
The notice was a reply to the legal notice sent by the complainant.
Reference:
Ext.D3
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
The account statement corroborated the financial transactions.
Reference:
Ext.X1
Document Type:
Authorization letter
Submitted By:
Court
Relevance:
The letter was relevant to the transactions made by the complainant.
Reference:
Ext.X2
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
The statement reflected the accused's account transactions.
Reference:
Ext.X3
Document Type:
Account Opening Form
Submitted By:
Court
Relevance:
The form establishes the complainant's account opening.
Reference:
Ext.X4
Document Type:
Account transaction details
Submitted By:
Court
Relevance:
The details showed the financial interactions between parties.
Reference:
Ext.X5
Document Type:
Stop Memo
Submitted By:
Court
Relevance:
The memo issued by the accused halting any cheque payments.
Reference:
Ext.X6
Document Type:
Letter to Bank
Submitted By:
Court
Relevance:
The letter to the bank regarding transactions related to the accused.
Reference:
Ext.X7
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
2020
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act