Case Summary
The complainant, Sree Gokulam Chit & Finance Co. (P) Ltd., filed a case against the accused, Neethu Viswanathan, for dishonouring a cheque issued for chit transactions. The court found the accused not guilty and acquitted her under Section 255 (1) Cr.P.C.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, and therefore, was acquitted.
Key Reasoning:
The complainant failed to establish that the cheque was issued by the accused towards a legally enforceable debt.
The complainant failed to establish that the cheque was issued by the accused towards a legally enforceable debt.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The complainant could not establish that the accused has drawn Exhibit P23 cheque in discharge of a 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
- Sree Gokulam Chit & Finance Co. (P) Ltd.
- Party Role
- Defendant
- Party Name
- Neethu Viswanathan
- Party Age
- 38
- Relation
- D/o
Plaintiffs Documents
Certified copy of Power of Attorney, Debt acknowledgment, Guarantee deed, Lawyer's notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G. Ajith Kumar
- 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:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the power of attorney allowing representation of the complainant company.
Reference:
P1
Document Type:
Board Resolution Extract
Submitted By:
Plaintiff
Relevance:
Extract from the minutes of the Board of Directors empowering representation.
Reference:
P2
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the debt acknowledgment signed by the subscriber and the accused.
Reference:
P3
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the guarantee deed signed by the subscriber and the accused.
Reference:
P4
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the debt acknowledgment signed by the subscriber and the accused.
Reference:
P5
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the guarantee deed signed by the subscriber.
Reference:
P6
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the debt acknowledgment signed by the subscriber and the accused.
Reference:
P7
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the guarantee deed signed by the subscriber.
Reference:
P8
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the debt acknowledgment signed by the subscriber and the accused.
Reference:
P9
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the guarantee deed signed by the subscriber.
Reference:
P10
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the debt acknowledgment signed by the subscriber.
Reference:
P11
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the guarantee deed signed by the subscriber.
Reference:
P12
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The issued cheque bearing no. 484136 for the amount of ₹50,00,000/-.
Reference:
P23
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Dishonour memo of the cheque issued by the bank.
Reference:
P24
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice sent to the accused regarding the cheque dishonour.
Reference:
P25
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the legal notice sent.
Reference:
P26
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover indicating lack of service.
Reference:
P27
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statements reflecting the accounts related to the transactions.
Reference:
P28 series
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
2020
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act