Case Summary
Complaint against accused for dishonour of cheque. Accused acquitted due to lack of proof for the alleged transaction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) of Cr.P.C.
Case Type
Criminal Case - U/s 138 of N.I. Act
Final Judgment
No
Complainant failed to establish that accused issued a cheque of Rs.4,50,000/- towards a debt. Accused acquitted.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Case of the complainant failed to establish that accused executed and issued the cheque in discharge of legally enforceable debt.
Judgment Evidence:
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
- Jamsheer
- Party Age
- 32
- Relation
- S/o Siddique
- Party Role
- Defendant
- Party Name
- Sulaiman
- Party Age
- 35
- Relation
- S/o Beeran
Plaintiffs Documents
Exts. P1 to P5 including cheque, memo, lawyer notice, postal receipt
Defendants Documents
Ext.D1 - Certified copy of passport
Advocates
Reliefs
Relief Type:
Acquittal under section 255(1) of Cr.P.C.
Outcome:
Granted
Description:
Accused acquitted of the offence u/s 138 of the Negotiable Instruments Act.
Evidence:
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:
Dated 7.5.2013 - Cheque bearing No.041425 for Rs.4,50,000/- drawn on Federal Bank Ltd., Puthanathani Branch.
Reference:
Ext.P1
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Dated 26.10.2011 - Certified copy of passport.
Reference:
Ext.D1
Case Classification
Case Type
Criminal Case - U/s 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Disputed execution of cheque
Case Code
ST.
Case Code Year
2015
Case Flags
Cheque-Related Case
Arrest Involved
Nature of Cheque Case