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ST No.66/2023

Case between Sheeja Sreedharan vs Athul Noby regarding dishonoured cheque

Court
COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, PALA
Judge
Sri. Hasheem. S
Order Date
2025-09-17
Duration
approximately-4 years 4 months
Case Closed
Wed, 09/17/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The complainant, Sheeja Sreedharan, alleged that Athul Noby issued a cheque which was dishonoured due to insufficient funds, constituting an offence under Section 138 of the Negotiable Instruments Act. After a trial, the court found the accused not guilty.

Judgment Outcome

Defendant Won
Interim Order
The court acquitted both accused of the charges against them under Section 138 of the Negotiable Instruments Act.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court acquitted both accused of the charges against them under Section 138 of the Negotiable Instruments Act.
Key Reasoning:
The complainant failed to prove that the accused had executed and issued the cheque for a legally enforceable debt.
Why Defendant Won:
The complainant failed to prove that the accused had executed and issued the cheque for a legally enforceable debt.
Supporting Evidence
The complainant's failure to produce necessary documentation regarding the transaction significantly weakened her case.

Judgment Evidence:

In the result, A1 and A2 are found not guilty of the offence under Section 138 of the Negotiable Instruments Act. They are acquitted u/s 255(1) of the Cr.P.C in respect of the said offence.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sheeja Sreedharan
Party Age
45
Relation
W/o
Party Role
Defendant
Party Name
Athul Noby
Party Age
26
Relation
S/o
Party Role
Defendant
Party Name
Nirappel Distributors
Relation
Represented by
Plaintiffs Documents
Cheque No.011612, cheque return memo, legal notice, postal receipt
Defendants Documents
Copy of Settlement entered between the complainant and the accused before Erattupetta Police Station

Advocates

Party Role
Plaintiff
Advocate Name
C S Bissimon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jaison Joseph
Appearance Type
Main Counsel

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the accused in connection with the repayment of the loan amount.
Reference:
Ext.P1
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Document showing the dishonor of the cheque due to insufficient funds.
Reference:
Ext.P2
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Legal notice sent to the accused demanding repayment of the cheque amount.
Reference:
Ext.P3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt of the postal dispatch of the legal notice.
Reference:
Ext.P4
Document Type: Returned Postal Cover with AD Card
Submitted By: Plaintiff
Relevance:
Proof of delivery of the legal notice to the accused.
Reference:
Ext.P5
Document Type: Settlement Document
Submitted By: Defendant
Relevance:
Document related to a settlement entered between the complainant and the accused.
Reference:
Ext.X1

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 Sheeja Sreedharan vs Athul Noby regarding dishonoured cheque
Case Code Year
Case between Sheeja Sreedharan vs Athul Noby regarding dishonoured cheque

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act

Quick Facts

Location
Pala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Case Filed
Sun, 04/25/2021 - 12:00
Case Closed
Wed, 09/17/2025 - 12:00
From
Fri, 08/01/2025 - 12:00
To
Mon, 10/27/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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