Case Summary
Fathima Rasheed filed a complaint against Gazal Mohammed for dishonour of cheques issued as a repayment for funds invested in his business. The court found the accused not guilty of the alleged offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the offence punishable under section 138 of the Negotiable Instruments Act and was acquitted.
Key Reasoning:
The complainant failed to prove that the accused issued the cheques in discharge of a legally enforceable debt.
The complainant failed to prove that the accused issued the cheques in discharge of a legally enforceable debt.
Why Defendant Won:
The complainant failed to prove that the accused issued the cheques in discharge of a legally enforceable debt.
The complainant failed to prove that the accused issued the cheques in discharge of a legally enforceable debt.
Supporting Evidence
Considering the evidence in its totality, the complainant failed to prove that the accused issued Exts. P1 and P5 cheques in discharge of a legally enforceable debt.
Judgment Evidence:
In the result, the accused is found not guilty of the offence punishable u/s. 138 of the Negotiable Instruments Act, and he is acquitted under Section 255 (1) of the CrPC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fathima Rasheed
- Party Age
- 31
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Gazal Mohammed
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.407286 dated 28.02.2019 for Rs.3,00,000/- drawn on Federal Bank Ltd., Trikkakra branch, Office copy of lawyer's notice dated 02.04.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Subhash Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.M. Banseer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vishal Ajayan V.
- Appearance Type
- Assisting Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.407286 dated 28.02.2019 for Rs.3,00,000/- drawn on Federal Bank Ltd., Trikkakra branch.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo dated 11.03.2019.
Reference:
Ext.P2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer's notice dated 02.04.2019.
Reference:
Ext.P3
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
A/D card.
Reference:
Ext.P4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.993921 dated 28.02.2019 for Rs.4,00,000/- drawn on State Bank of India, M.G road branch.
Reference:
Ext.P5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo dated 08.03.2019.
Reference:
Ext.P6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer's notice dated 01.04.2019.
Reference:
Ext.P7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.P8
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
A/D card.
Reference:
Ext.P9
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
ST.
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act