Case Summary
This case involves a complaint filed by Kunheen against M.P. Shamsudheen for the offence punishable under section 138 of the Negotiable Instruments Act. The complainant alleged that the accused failed to repay a loan of Rs. 400,000/- issued through a cheque that was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Key Reasoning:
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable liability.
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable liability.
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
Kunheen (48 years)
Kummalil House, Athavanad. P.O, Tirur, Malappuram
Defendants
M.P. Shamsudheen (41 years)
Madanippurath House, Athavanad. P.O, Tirur, Malappuram
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
Claim for damages related to the dishonor of the cheque under section 138 of the N.I. Act.
Evidence:
In view of my finding on point Nos. (I) to (III), accused is not found guilty for the offence punishable under section 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant for repayment of borrowed amount.
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Court
Relevance:
Memo issued by Canara Bank stating that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Memo
Submitted By:
Court
Relevance:
Memo issued by Federal Bank indicating the cheque was presented for encashment.
Reference:
Ext.P3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of notice sent to the accused regarding the dishonor of the cheque and demand for payment.
Reference:
Ext.P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt proving that the notice was sent to the accused.
Reference:
Ext.P5
Document Type:
Return Notice
Submitted By:
Plaintiff
Relevance:
Notice returned as unserved, signifying the accused evaded service.
Reference:
Ext.P6
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Passport submitted by the accused to prove he was abroad when the alleged borrowing occurred.
Reference:
Ext.D1