Case Summary
Moideenkutty filed a complaint against Jaseer for dishonouring a cheque issued for a loan. The court found the accused not guilty due to lack of evidence supporting the complainant's claims.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Key Reasoning:
The complainant could not prove that the cheque was issued for a legally enforceable debt.
The complainant could not prove that the cheque was issued for a legally enforceable 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. He is set at liberty.
Parties Involved
Plaintiffs
Moideenkutty (Age not specified years)
Pothencherry House, Puthur P.O, Kottakkal, Malappuram Pin 676 503
Defendants
Jaseer. P.T (Age not specified years)
Pallippat Thoomban House, Thalakadathur P.O, Tirur 676 103, Malappuram Dist
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant for the alleged loan amount.
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by the bank indicating that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice sent to the accused demanding payment for the dishonoured cheque.
Reference:
Ext.P3
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Evidence of service of the statutory notice on the accused.
Reference:
Ext.P4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by the accused responding to the demand for payment.
Reference:
Ext.P5
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the document related to the transaction.
Reference:
Ext.P6
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Passport presented by the accused to prove he was abroad during the time of the alleged loan.
Reference:
Exbt.D1