Case Summary
Mohamed Ansalath filed a complaint against Abdul Noor for dishonouring a cheque issued in repayment of a debt. The accused absconded after receiving a large sum from the complainant, and later provided a cheque that bounced due to insufficient funds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal
Case Type
Criminal - Negotiable Instruments Act
Final Judgment
No
The accused was acquitted of the offence under Section 138 of the Negotiable Instruments Act due to the complainant's failure to prove the accused's liability for dishonouring the cheque.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Reason not clearly mentioned
Judgment Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act. Hence he is acquitted u/s 255(1) Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohamed Ansalath
- Party Age
- 41
- Relation
- Complainant
- Party Role
- Defendant
- Party Name
- Abdul Noor
- Party Age
- 41
Plaintiffs Documents
Cheque bearing number AU 771534 of Federal Bank, Lawyer notice, Power of Attorney, Reply notice
Defendants Documents
Memo for ExhiP1 cheque, Copy of ledger extract
Advocates
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Defendant acquitted of cheque dishonour offence under Section 138 of N.I. Act
Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act. Hence he is acquitted u/s 255(1) Cr.P.C.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of cheque issued by the accused in repayment of debt
Reference:
Cheque bearing number AU 771534 of Federal Bank
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of attorney executed by the complainant in favor of his wife
Reference:
Ext.P6
Document Type:
Memo
Submitted By:
Defendant
Relevance:
Memo regarding dishonour of the cheque issued by the defendant
Reference:
Memo for ExhiP1 cheque
Document Type:
Ledger Extract
Submitted By:
Defendant
Relevance:
Statement of account showing transactions between parties
Reference:
Ext.X2
Case Classification
Case Type
Criminal - Negotiable Instruments Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
ST.
Case Code Year
2015
Case Flags
Cheque-Related Case
Nature of Cheque Case