Case Summary
This case involves a complaint filed by Kunhahammed. T.K against T. Premkumar for an offence punishable under section 138 of the Negotiable Instruments Act due to the dishonor of cheques issued by the accused. The accused is alleged to have borrowed money and issued cheques that bounced due to insufficient funds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the charges under section 138 of the Negotiable Instruments Act and was acquitted. The court determined that the complainant failed to prove the case against the accused.
Key Reasoning:
The court found that the complainant failed to prove the evidence regarding the execution of the cheques and the debt.
The court found that the complainant failed to prove the evidence regarding the execution of the cheques and the debt.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The complainant failed to discharge his burden of proving the debt or liability and execution of Exbt. P1 and P6 cheques. The complainant failed to prove the transaction as well as issuance of the Exbt. P1 and P6 cheques.
Judgment Evidence:
In the result, accused is acquitted under S. 255 (1) Criminal Procedure Code for the offence punishable under section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhahammed. T.K
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T. Premkumar
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Ext. P1 to Ext. P10
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.V. Sabir
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.P Jamshid Rahian
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C.V.Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Najumudheen
- Appearance Type
- Assisting Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant towards discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant towards discharge of a legally enforceable debt.
Reference:
Ext.P6
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by the bank indicating that the cheque was returned due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to the accused regarding dishonour of cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer notice sent to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card evidencing receipt of the lawyer notice by the accused.
Reference:
Ext.P5
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by the bank indicating that the cheque was returned due to insufficient funds.
Reference:
Ext.P7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to the accused regarding dishonour of cheque.
Reference:
Ext.P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer notice sent to the accused.
Reference:
Ext.P9
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card evidencing receipt of the lawyer notice by the accused.
Reference:
Ext.P10
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kunhahammed. T.K vs T. Premkumar regarding offence under section 138 of N.I. Act
Case Code Year
Case between Kunhahammed. T.K vs T. Premkumar regarding offence under section 138 of N.I. Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act