Case Summary
Complainant alleged that the accused issued a cheque that bounced due to insufficient funds, leading to an offence under Section 138 of the Negotiable Instruments Act.
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 court found the accused not guilty of the offence under Section 138 of N.I. Act due to lack of evidence proving the issuance of the cheque towards the discharge of debt.
Key Reasoning:
The complainant failed to provide incriminating evidence against the accused to prove the issuance of the cheque towards a legally recoverable debt.
The complainant failed to provide incriminating evidence against the accused to prove the issuance of the cheque towards a legally recoverable debt.
Why Defendant Won:
The complainant failed to provide incriminating evidence against the accused to prove the issuance of the cheque towards a legally recoverable debt.
The complainant failed to provide incriminating evidence against the accused to prove the issuance of the cheque towards a legally recoverable debt.
Supporting Evidence
In this case, the complainant has not adduced any evidence to prove his case. There IS no material on record to show that the accused had issued cheque to the complainant in discharge of the liability.
Judgment Evidence:
On the basis of my finding on point No 1. the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alikkutty
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Abdul Noor
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Not available
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Abdul Gafoor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdussamad
- Appearance Type
- Assisting Counsel
- Law Firm
- Manjei
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Accused found not guilty of Cheque Dishonour offence under Section 138 of the Negotiable Instruments Act
Evidence:
On the basis of my finding on point No 1. the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.
Documents & Evidence
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 Alikkutty vs Muhammed Abdul Noor regarding cheque dishonour
Case Code Year
Case between Alikkutty vs Muhammed Abdul Noor regarding cheque dishonour
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour