Case Summary
Abdul Salam filed a complaint against Abdul Gafoor under section 138 of Negotiable Instrument Act for dishonour of a cheque related to a chit subscription.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused is acquitted under section 255(1) Cr.P.C. as he was not found guilty of the offence under section 138 of the Negotiable Instrument Act.
Key Reasoning:
The accused's liability could not be established as the complainant failed to prove that the cheque was issued for consideration and discharge of liability.
The accused's liability could not be established as the complainant failed to prove that the cheque was issued for consideration and discharge of liability.
Why Defendant Won:
The accused's liability could not be established as the complainant failed to prove that the cheque was issued for consideration and discharge of liability.
The accused's liability could not be established as the complainant failed to prove that the cheque was issued for consideration and discharge of liability.
Supporting Evidence
The complainant failed to prove that the Ext.P1 cheque was issued by the accused for consideration and discharge of liability.
Judgment Evidence:
Not available
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Salam
- Party Age
- 36
- Relation
- S/o. Mohammed
- Party Role
- Defendant
- Party Name
- Abdul Gafoor
Plaintiffs Documents
Cheque No.015530 for Rs.33,706/-, Other exhibits
Defendants Documents
Certified copy of document D1
Advocates
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Acquittal of the accused under section 255(1) Cr.P.C.
Evidence:
Not available
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Relevant for the dishonour of cheque
Reference:
Ext.P1
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Relevant document submitted by the defendant
Reference:
D1
Case Classification
Case Type
Criminal Case - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Abdul Salam vs Abdul Gafoor regarding dishonour of cheque
Case Code Year
Case between Abdul Salam vs Abdul Gafoor regarding dishonour of cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case