Case Summary
Sanju Raju, the proprietor of M/s. Koothrappallil Agencies, filed a complaint against Rajesh P.R. for dishonoring a cheque issued in relation to a transaction involving the sale of cement. The court found the accused not guilty of the offense.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the charges under section 138 of the Negotiable Instruments Act.
Key Reasoning:
The complainant failed to establish the existence of a legally enforceable debt.
The complainant failed to establish the existence of a legally enforceable debt.
Why Defendant Won:
The complainant failed to establish the existence of a legally enforceable debt.
The complainant failed to establish the existence of a legally enforceable debt.
Supporting Evidence
On an overall analysis of the evidence before the court, it can be held that the complainant could not establish that there was any 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
- Sanju Raju
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajesh P.R.
- Party Age
- 35
Plaintiffs Documents
Cheque bearing no.416742 for ₹1,20,000/-, Dishonour memo, Lawyer’s notice, Postal receipt, Acknowledgment card, Registration certificate of Koothrappallil Agencies
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Leena Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Boban T. Thekkel
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by the accused towards partial discharge of liability.
Reference:
P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Returned cheque due to insufficient funds.
Reference:
P2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Demand notice sent to the accused for payment.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer's notice by the accused.
Reference:
P5
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the complainant's business registration.
Reference:
P6
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
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act