Case Summary
The complainant, Shriram Transport Finance Co.Ltd, alleged that the accused, Abey, issued a cheque that was dishonored due to insufficient funds. The case was taken cognizance based on a private complaint under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the offense punishable under section 138 of the Negotiable Instruments Act and was acquitted. The bail bond executed by the accused was cancelled and he was set at liberty.
Key Reasoning:
The complainant could not establish that there was a legally enforceable debt and failed to prove that there were insufficient funds in the accused's account when the cheque was presented.
The complainant could not establish that there was a legally enforceable debt and failed to prove that there were insufficient funds in the accused's account when the cheque was presented.
Why Defendant Won:
The complainant could not establish that there was a legally enforceable debt and failed to prove that there were insufficient funds in the accused's account when the cheque was presented.
The complainant could not establish that there was a legally enforceable debt and failed to prove that there were insufficient funds in the accused's account when the cheque was presented.
Supporting Evidence
It can be safely held that the complainant could not establish that there is a legally enforceable debt towards the complaint. The complainant has failed to prove that the accused has no sufficient fund in his account.
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
- Shriram Transport Finance Co.Ltd
- Party Role
- Defendant
- Party Name
- Abey
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.689946 dated 17.04.2007, Dishonour memo dated 21.04.2007, Copy of Lawyer's Notice dated 03.05.2007
Defendants Documents
Copy of order in O.P.(Arb).1004/2009 in the District Court, Ernakulam, True Copy of Vehicle particulars, True Copy of Aadhaar Card
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Ajith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.C.Scaria
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is acquitted of the charges under Section 138 of the N.I. Act.
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.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused towards repayment of loan was presented but dishonoured.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The memo indicating the reason for dishonour of the cheque.
Reference:
Ext.P2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the lawyer's notice sent to the accused regarding dishonour of the cheque.
Reference:
Ext.P3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice informing the accused of the cheque dishonour and demanding repayment.
Reference:
Ext.P4
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the loan taken by the accused.
Reference:
Ext.P7
Document Type:
Hire Purchase Proposal Form
Submitted By:
Plaintiff
Relevance:
Form submitted by the accused related to the vehicle financing.
Reference:
Ext.P8
Document Type:
True Copy of Vehicle particulars
Submitted By:
Defendant
Relevance:
Document showing the vehicle ownership, not related to the accused.
Reference:
Ext.D2
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
2009
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour