Case Summary
The complainant, Mohammed Musthafa, has filed a case against the accused, Nazar Poozhikunnath, under Section 138 of the Negotiable Instruments Act for issuing a cheque that was returned due to insufficient funds. The court acquitted the accused after determining that the complainant failed to prove the issuance of the cheque in relation to a legally enforceable debt.
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 for a legally enforceable debt.
The complainant failed to prove that the cheque was issued for a legally enforceable debt.
Judgment Evidence:
In the result, the accused is acquitted u/s 255(1) CrPC for the offence u/s 138 of The Negotiable Instruments Act.
Parties Involved
Plaintiffs
Mohammed Musthafa (Age not specified years)
Kavilavalappil (H), Alankod. PO, Edappal, Ponnani Taluk, Malappuram
Defendants
Nazar Poozhikunnath (Age not specified years)
Poozhikunnath House, Valiyaparappur, Ananthavoor P.O, Tirur Taluk
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Accused is acquitted of the charge under Section 138 of N.I. Act.
Evidence:
Therefore, I find the accused not guilty for the said offence.
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:
F.S.L Report
Submitted By:
Court
Relevance:
Report comparing the questioned signature on the cheque with standard specimens.
Reference:
Ext.X1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Document issued by the bank regarding the dishonour of the cheque.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice sent to the accused after the cheque was dishonoured.
Reference:
Ext.P3(a,b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice returned with the endorsement 'addressee left India'.
Reference:
Ext.P4
Document Type:
Account Details
Submitted By:
Plaintiff
Relevance:
Details of the accused's bank account.
Reference:
Ext.P5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of account of the accused showing transactions.
Reference:
Ext.P6