Case Summary
Complainant alleged that the defendant issued a cheque to repay a loan, but it was returned due to insufficient funds and differing signature. The defendant pleaded not guilty and was acquitted under section 255(1) of Cr.P.C.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under Section 255(1) of Cr.P.C.
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
The complainant failed to prove that the accused issued the cheque for a legally enforceable debt, resulting in the accused being acquitted of the offense under Section 138 of the Negotiable Instruments Act.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
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
- Hamsa. P.K
- Relation
- Represented by Sri.Ashraf Suliman, Advocate
- Party Role
- Defendant
- Party Name
- Vipin Das
- Relation
- Represented by I.V.Ratheesh
Plaintiffs Documents
Ext.P1 Cheque, Ext.P2 Memo, Ext.P3 Lawyer notice, Ext.P4 Acknowledgement card, Ext.P5 Return lawyer notice, Ext.P6 Transaction statement
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ashraf Suliman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- I.V.Ratheesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Accused acquitted of the offense under Section 138 of the Negotiable Instruments Act
Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque dated 29-05-2015 for Rs. 4,00,000 towards loan repayment
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by Mapalluram District Cooperative Bank regarding the cheque
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Registered Lawyer notice dated 12-16-2015
Reference:
Ext.P3
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgement card dated 15-06-2015
Reference:
Ext.P4
Document Type:
Return lawyer notice
Submitted By:
Plaintiff
Relevance:
Return lawyer notice dated 27-6-2015
Reference:
Ext.P5
Document Type:
Transaction statement
Submitted By:
Plaintiff
Relevance:
Statement showing transaction details of Account No.57052725515 Hamza.P.K dated 28-05-2015
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
Case Code
Case between Hamsa. P.K vs Vipin Das regarding dishonored cheque
Case Code Year
Case between Hamsa. P.K vs Vipin Das regarding dishonored cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour