Case Summary
Abdul Gafoor filed a complaint against Mustaffa under section 138 of Negotiable Instrument Act for dishonour of a cheque issued towards the discharge of a debt.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquitted
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
Key Reasoning:
Insufficient evidence to prove that the cheque was issued towards a legally enforceable debt.
Insufficient evidence to prove that the cheque was issued towards a legally enforceable debt.
Judgment Evidence:
ACCORDINGLY Point No.3: In view of the finding on point No.1 and 2, the accused cannot be held liable for the offence u/s 138 of The Negotiable Instruments Act. In the result the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.
Parties Involved
Plaintiffs
Abdul Gafoor (57 years)
Kuttippilakkal House, Cheriyamundam Amsam, Thalakkadathur Desam, Tirur Taluk
Defendants
Mustaffa (38 years)
Mandakathingal House
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Accused acquitted under section 255(1) Cr.P.C.
Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act and hence acquitted under section 255(1) Cr.P.C.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque dated 04-06-2012 presented for collection
Reference:
P1
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Defendant's passport showed travel outside the country during the alleged transaction period.
Reference:
D1, D2, D3, D4