Case Summary
Complainant alleged accused issued a cheque that bounced, leading to a case under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Not Guilty
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
The court acquitted the accused as the complainant failed to prove that the accused had issued the cheque in question.
Key Reasoning:
Complainant failed to establish accused executed and issued the cheque in question
Complainant failed to establish accused executed and issued the cheque in question
Why Defendant Won:
Complainant failed to establish accused executed and issued the cheque in question
Complainant failed to establish accused executed and issued the cheque in question
Supporting Evidence
The complainant has failed to establish that the accused executed and issued Ext.P1 cheque in discharge of a legally enforceable debt.
Judgment Evidence:
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
- Ganesan
- Party Age
- 43
- Party Role
- Defendant
- Party Name
- Suresh Kumar
- Party Age
- 40
- Relation
- Son of
Plaintiffs Documents
Cheque (Ext.P1), Memo, Intimation, Lawyer notice, Acknowledgment, Reply notice
Defendants Documents
Certified copy of OS.44/12, Various cheques, Extract of ledger, Forensic report
Advocates
Reliefs
Relief Type:
Not Guilty
Outcome:
Unknown
Description:
Complainant failed to prove accused issued the cheque
Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque (Ext.P1)
Submitted By:
Plaintiff
Relevance:
Dated:1.8.2010- Cheque No.510883 drawn on Bank of Baroda, Tirur Branch
Reference:
Ext.P1
Document Type:
Forensic report
Submitted By:
Defendant
Relevance:
Report dated 10.12.2014 by Regional Forensic Science Laboratory, Thrissur
Reference:
Ext.X10
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
Burden of proof on complainant
Case Code
ST.
Case Code Year
2012
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act