Case Summary
Complaint by Chandran against Sasikala for dishonoring a cheque issued towards repayment of a loan, resulting in an offence under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Judgment Evidence:
Exhibit P2, the dishonour memo from State bank of India Valanchery Branch shows that Exhibit P1 cheque was returned dishonoured due to insufficiency of funds in the account of the accused. The complainant has issued statutory notice to the accused demanding cheque amount and the notice was received by the accused evidenced by Exhibits P3 to P5. Admittedly, the accused has not paid the cheque amount after notice. But in view of the finding on point No.1, the accused cannot be held liable for the offence u/s 138 of The Negotiable Instruments Act. Therefore, I find the accused not guilty for the said offence.
Parties Involved
Plaintiffs
Chandran (57 years)
Panikath Rayiramellor Amsom, Edappal Desom, Naduvattom Pin. 679308
Defendants
Sasikala. A (40 years)
Thanikavil veedu, P.O Kurumbathoor (via), Thirunavaya Pin. 676301, Malappuram Dt.
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Accused acquitted under Section 138 of the Negotiable Instruments Act
Evidence:
Exhibit P2, the dishonour memo from State bank of India Valanchery Branch shows that Exhibit P1 cheque was returned dishonoured due to insufficiency of funds in the account of the accused. The complainant has issued statutory notice to the accused demanding cheque amount and the notice was received by the accused evidenced by Exhibits P3 to P5. Admittedly, the accused has not paid the cheque amount after notice. But in view of the finding on point No.1, the accused cannot be held liable for the offence u/s 138 of The Negotiable Instruments Act. Therefore, I find the accused not guilty for the said offence.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Complainant
Relevance:
Issued by the accused towards repayment of the loan
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Complainant
Relevance:
Shows dishonour of Ext.P1 cheque due to insufficiency of funds
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Complainant
Relevance:
Issued demanding cheque amount
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Complainant
Relevance:
Related to the legal notice sent
Reference:
Ext.P4
Document Type:
Acknowledgement Card
Submitted By:
Complainant
Relevance:
Acknowledging receipt of legal notice
Reference:
Ext.P5