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
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.
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
Plaintiffs
Kunhahammed. T.K (72 years years)
Thaikkalathil, Athavanad Amsom Desom, Karippol. P.O, Tirur
Defendants
T. Premkumar (55 years years)
Pookunnu Desom, Mannarkkad -1
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