Case Summary
Complaint filed against the accused for dishonour of a cheque issued in discharge of a loan, leading to an offence under section 138 of Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal of the accused
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused was acquitted under section 255(1) Cr.P.C. as the complainant failed to prove the dishonour of the cheque.
Key Reasoning:
The complainant failed to establish that the accused issued the cheque in discharge of a legally enforceable debt.
The complainant failed to establish that the accused issued the cheque in discharge of a legally enforceable debt.
Why Defendant Won:
The complainant failed to establish that the accused issued the cheque in discharge of a legally enforceable debt.
The complainant failed to establish that the accused issued the cheque in discharge of a legally enforceable debt.
Supporting Evidence
The complainant failed to prove that the accused issued Ext.P1 cheque in discharging a legally enforceable debt.
Judgment Evidence:
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
Parties
- Party Role
- Plaintiff
- Party Name
- Abubacker
- Party Age
- 54
- Relation
- S/o Mohammed
- Party Role
- Defendant
- Party Name
- Cherath Basheer
- Relation
- S/o Abubackekr
Plaintiffs Documents
Cheque dated 08-01-2016, Cheque (SBI) dated 11-01-2016, Copy of lawyer notice dated 13-01-2016
Defendants Documents
Passport no. E 8352004, Attested copy of passport no 8833311
Advocates
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Acquittal of the accused under section 255(1) Cr.P.C.
Evidence:
The accused is acquitted under section 255(1) Cr.P.C.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Alleged to have been dishonoured leading to the complaint
Reference:
P1
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Presented to establish the accused was abroad during the alleged transaction period
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
Dishonour of cheque
Case Code
Case between Abubacker vs Cherath Basheer regarding dishonour of cheque
Case Code Year
Case between Abubacker vs Cherath Basheer regarding dishonour of cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case