Case Summary
This case involves a complaint filed by Johny V J against Sineed Karunakaran for the dishonor of a cheque issued for a loan. The court found the accused not guilty of the offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused is acquitted of the charges under the Negotiable Instruments Act as the complainant failed to prove the existence of a legally enforceable debt.
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
The complainant could not prove beyond reasonable doubt that the accused had executed and issued Ext.P1 cheque for the purpose of settling a legally enforceable debt.
Judgment Evidence:
In the result, the accused is found not guilty of the offence under Section 138 of the Negotiable Instruments Act. He is acquitted u/s 255(1) of the Cr.P.C in respect of the said offence.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Johny V J @ Johny Joseph
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sineed Karunakaran
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Cheque No.035405 drawn on Federal Bank, Pala Branch, Cheque return memo issued by South Indian Bank, Office copy of legal notice, Postal receipt, Postal acknowledgment card
Defendants Documents
Copy of demand notice issued by Vettath Finance, Token issued by Vettathu Finance with respect to Gold Loan, Office copy of reply notice, Copy of postal receipt, Postal acknowledgment card
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal P K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K R Manoj Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M K Gopalakrishnan Nair
- Appearance Type
- Assisting Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The accused issued Ext.P1 cheque to the complainant to discharge a legally enforceable debt of ₹2,00,000/-.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo showing the cheque was dishonoured with the remark 'refer to drawer'.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the legal notice issued to the accused demanding repayment of the cheque amount.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for sending the statutory notice.
Reference:
Ext.P4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card showing that the accused received the notice.
Reference:
Ext.P5
Document Type:
Demand Notice
Submitted By:
Defendant
Relevance:
Copy of demand notice issued by Vettath Finance to the accused demanding the return of the pledged ornaments.
Reference:
Ext.D1
Document Type:
Gold Loan Token
Submitted By:
Defendant
Relevance:
Tokens issued by Vettathu Finance with respect to Gold Loans of the accused.
Reference:
Ext.D2, D2(a)
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Office copy of the reply notice issued by the accused.
Reference:
Ext.D3
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Copy of postal receipt for sending the reply notice.
Reference:
Ext.D4
Document Type:
Postal Acknowledgment Card
Submitted By:
Defendant
Relevance:
The postal acknowledgment card.
Reference:
Ext.D5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Cheque dishonour
Case Code
Case between Johny V J @ Johny Joseph vs Sineed Karunakaran regarding dishonor of cheque under Negotiable Instruments Act
Case Code Year
Case between Johny V J @ Johny Joseph vs Sineed Karunakaran regarding dishonor of cheque under Negotiable Instruments Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act