Case Summary
Complainant accused defendant of issuing a dishonored cheque for Rs.5,00,000 towards a debt but failed to prove the transaction, resulting in defendant's acquittal.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) of the Code of Criminal Procedure
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused was acquitted of the offence of cheque dishonour under section 138 of the Negotiable Instruments Act as the complainant failed to prove the transaction or the execution of the cheque.
Key Reasoning:
The complainant failed to prove the transaction or the execution of the cheque by the accused, resulting in lack of evidence to support the allegations.
The complainant failed to prove the transaction or the execution of the cheque by the accused, resulting in lack of evidence to support the allegations.
Why Defendant Won:
The complainant failed to prove the transaction or the execution of the cheque by the accused, resulting in lack of evidence to support the allegations.
The complainant failed to prove the transaction or the execution of the cheque by the accused, resulting in lack of evidence to support the allegations.
Supporting Evidence
The complainant failed to prove the transaction alleged in the complaint and the execution and issuance of the cheque by the accused.
Judgment Evidence:
On the basis of my findings on point Nos.1 and 2, 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
- Anwar N.P
- Relation
- S/o Ahammedkutty
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 42
- Relation
- S/o Hamsakutty Haji
Plaintiffs Documents
Cheque bearing No. 10036966, Memo dated 15.3.2013, Lawyer notice, Postal receipt, Power of attorney
Defendants Documents
Certified copy of passport
Advocates
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No. 10036966 dated 11.3.2013
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo dated 15.3.2013 issued by the Federal Bank, Kottakkal Branch
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice dated 5.4.2013
Reference:
Ext.P3
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of passport
Reference:
Ext.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
Absence of essential transaction details in the complaint
Case Code
ST.
Case Code Year
2014
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour