Case Summary
Complainant alleged that the accused issued a cheque without sufficient funds, leading to its dishonour. After trial, the court found the accused not guilty under Section 138 of The Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Key Reasoning:
The complainant failed to prove that the cheque issued by the accused was in discharge of a debt or liability, leading to the acquittal.
The complainant failed to prove that the cheque issued by the accused was in discharge of a debt or liability, leading to the acquittal.
Judgment Evidence:
The court found the accused not guilty under Section 138 of The Negotiable Instruments Act.
Parties Involved
Plaintiffs
Mohamed Ashraf (35 years)
Saithalavi Haji, Machinhery House, Naduvattam Amsom, Rangattur Desom, P.O. Naduvattam
Defendants
Kambala Mohamed Abdul Noor (41 years)
S/o Abdulla Musliar, Kuttippuram Amsom, Desom, P.O. Kuttippuram, Tirur Taluk, Pin 679571
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Acquittal of the defendant under Section 138 of The Negotiable Instruments Act
Evidence:
The court found the accused not guilty under Section 138 of The Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque bearing No.177813
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused towards repayment of the amount advanced by the complainant
Reference:
Ext.P1
Document Type:
Memo from Syndicate Bank
Submitted By:
Plaintiff
Relevance:
Memo issued by Syndicate Bank regarding the same cheque
Reference:
Ext.P2
Document Type:
Memo from Thirunavaya Co-operative Bank
Submitted By:
Plaintiff
Relevance:
Memo issued by Thirunavaya Co-operative Bank regarding the dishonour of the cheque
Reference:
Ext.P3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the complainant regarding dishonour of the cheque
Reference:
Ext.P4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to the notices sent
Reference:
Ext.P5 series
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Notice returned as 'left India Address not known'
Reference:
Ext.P6