Case Summary
Complaint filed against accused for issuing a cheque towards payment which was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.PC
Case Type
Criminal Case - Section 138 of Negotiable Instruments Act
Final Judgment
No
Complainant failed to establish that accused issued the cheque in discharge of a debt, resulting in acquittal of the accused.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Since there is no acceptable evidence regarding the alleged transaction and execution of Ext. P1 cheque by the accused, it is not necessary to probe into the case set up by the accused.
Judgment Evidence:
On the basis of my findings on point Nos.1 and 2, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhamed Shaji
- Party Age
- 42
- Relation
- S/o Abdu Rehman
- Party Role
- Defendant
- Party Name
- Mayaboob.C
- Relation
- S/o Ibrahim
Plaintiffs Documents
Ext.P1- Cheque, Ext.P2- Memo issued by SBT Bank, Ext.P3- Copy of lawyer notice, Ext.P3(a)- Postal receipt, Ext.P5- Registration certificate of Auto Impex
Defendants Documents
D1- Passport of the accused
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri C. Muhammed Ashraf and V.V.Binu
- Appearance Type
- Main Counsel
- Law Firm
- Tirur
- Party Role
- Defendant
- Advocate Name
- Sri. E.K. Ashraf Sulaiman
- Appearance Type
- Main Counsel
- Law Firm
- Tirur
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Accused acquitted under section 255(1) Cr.PC
Evidence:
On the basis of my findings on point Nos.1 and 2, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Dated: 15.10.2009- Cheque No.303058 for Rs.3,00,000/- of SBTBank
Reference:
Ext.P1
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Reference:
D1
Case Classification
Case Type
Criminal Case - Section 138 of Negotiable Instruments Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Execution of cheque not proved
Case Code
Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque
Case Code Year
Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour