Case Summary
Renjith is the complainant alleging that Satheesan borrowed Rs.3,12,000 and issued a cheque which was returned unpaid. The court found Satheesan not guilty of the charges under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court acquitted Satheesan of all charges and set him at liberty.
Key Reasoning:
The complainant failed to prove all the formalities under Section 138 of the Negotiable Instruments Act.
The complainant failed to prove all the formalities under Section 138 of the Negotiable Instruments Act.
Why Defendant Won:
The complainant failed to prove all the formalities under Section 138 of the Negotiable Instruments Act.
The complainant failed to prove all the formalities under Section 138 of the Negotiable Instruments Act.
Supporting Evidence
The complainant failed to comply with all the formalities envisaged under the Sec.138 (b) of the Negotiable Instrument Act 1881.
Judgment Evidence:
In the result, the accused is found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, and hence he is acquitted under Section 255(1) of Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Renjith
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Satheesan
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.7861338 dated 01/10/2014, Cheque Return memo dated 24/10/2014, Office Copy of Advocate Notice dated 20/11/2014, Postal receipt dated 21/11/2014, Reply notice from Postal department, Kollam dated 26/12/2014
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.C.G. Sureshkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.C. Rajeev
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused was presented for payment and later dishonoured.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The document indicating the cheque was returned unpaid due to the account being inoperative.
Reference:
Ext.P2
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent to the accused demanding payment after the dishonour of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the accused.
Reference:
Ext.P4
Document Type:
Reply Notice from Postal Department
Submitted By:
Plaintiff
Relevance:
Serves as proof for the notice sent to the accused, although address is not specified.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
ST.NO.
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour