Case Summary
Complaint filed by Dhanya.M against Abdul Gafoor for dishonour of cheque issued in connection with a chit transaction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
The accused was acquitted under section 255(1) Cr.P.C. due to lack of evidence proving the guilt.
Key Reasoning:
Plaintiff failed to prove the accused issued the cheque towards a legally enforceable debt.
Plaintiff failed to prove the accused issued the cheque towards a legally enforceable debt.
Why Defendant Won:
Plaintiff failed to prove the accused issued the cheque towards a legally enforceable debt.
Plaintiff failed to prove the accused issued the cheque towards a legally enforceable debt.
Supporting Evidence
The complainant failed to prove that the cheque was issued towards the discharge of a legally enforceable debt or liability.
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
- Dhanya.M
- Party Age
- 29
- Relation
- Wife of Murukesan.M.P
- Party Role
- Defendant
- Party Name
- Abdul Gafoor
- Party Age
- 43
Plaintiffs Documents
Cheque No.015537 for Rs.2,00,000/-, Memos, Notice, Receipt, Acknowledgement card
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
The 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. Hence he is acquitted u/s 255(1) Cr.P.C.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No.015537 for Rs.2,00,000/-
Reference:
Ext.P1
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
Memo issued by SBT
Reference:
Ext.P2
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
Memo issued by Canara Bank
Reference:
Ext.P3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to accused
Reference:
Ext.P4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt related to the transaction
Reference:
Ext.P5
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgement card for transaction
Reference:
Ext.P6
Case Classification
Case Type
Criminal Case - Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Dhanya.M vs Abdul Gafoor regarding dishonoured cheque
Case Code Year
Case between Dhanya.M vs Abdul Gafoor regarding dishonoured cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case