Case Summary
The complainant N. V. Muhammad filed a private complaint against Team Care & Cure Pvt. Ltd and its Managing Director Ali Muhammad Sameer for dishonoring cheques issued for rent arrears. The case involves a transaction related to a lease agreement and multiple dishonored cheques.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused were found not guilty of the charges under Section 138 of the N.I. Act and were acquitted. The bail bond of the accused was cancelled and they were set at liberty.
Key Reasoning:
The complainant failed to prove the execution of the cheques and the legal enforceability of the debt owed.
The complainant failed to prove the execution of the cheques and the legal enforceability of the debt owed.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The non production of the lease agreement itself is fatal to the case of the complainant. The complainant has not produced any documents including the account statement from the bank for proving the fact that this much amount is due from the accused and has to be paid by the accused.
Judgment Evidence:
In S.T. No. 66/2024 (i) The accused is found not guilty of the offence punishable under Section 138 of the N.I.Act and is acquitted under Section 255(1) of Cr.P.C. (ii) The bail bond of the accused stands cancelled and is set at liberty.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N. V. Muhammad
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Team Care & Cure Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ali Muhammad Sameer
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Cheque No. 060664, Cheque No. 060665, Dishonor Memo, True Copy of Registered lawyer notice, Postal Receipt
Defendants Documents
Written Statement of the defendants in CS 19/2024, Consent Letter, Reply notice, Agreement
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V. K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kunhabdulla Perooli
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. M. Rajagopalan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is found not guilty of the offence punishable under Section 138 of the N.I. Act.
Evidence:
The accused is found not guilty of the offence punishable under Section 138 of the N.I. Act and is acquitted under Section 255(1) of Cr.P.C.
Relief Type:
Other
Outcome:
Granted
Description:
The bail bond of the accused stands cancelled and is set at liberty.
Evidence:
The bail bond of the accused stands cancelled and is set at liberty.
Relief Type:
Other
Outcome:
Granted
Description:
The accused is found not guilty of the offence punishable under Section 138 of the N.I. Act.
Evidence:
The accused is found not guilty of the offence punishable under Section 138 of the N.I. Act and is acquitted under Section 255(1) of Cr.P.C.
Relief Type:
Other
Outcome:
Granted
Description:
The bail bond of the accused stands cancelled and is set at liberty.
Evidence:
The bail bond of the accused stands cancelled and is set at liberty.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved the amount due from the accused.
Reference:
P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved the amount due from the accused.
Reference:
P2
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Illustrated the dishonor of the cheque.
Reference:
P3
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Illustrated the dishonor of the cheque.
Reference:
P4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the accused of the dishonor.
Reference:
P5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending notice to the accused.
Reference:
P6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmed the receipt of the notice by the accused.
Reference:
P7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the second accused of the dishonor.
Reference:
P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending notice to the second accused.
Reference:
P9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmed the receipt of the notice by the second accused.
Reference:
P10
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved the amount due from the accused.
Reference:
P11
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved the amount due from the accused.
Reference:
P12
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Illustrated the dishonor of the cheque.
Reference:
P13
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Illustrated the dishonor of the cheque.
Reference:
P14
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the accused of the dishonor.
Reference:
P15
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending notice to the first accused.
Reference:
P16
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending notice to the second accused.
Reference:
P17
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmed the receipt of the notice by the first accused.
Reference:
P18
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmed the receipt of the notice by the second accused.
Reference:
P19
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the Managing Director of the first accused.
Reference:
P20
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending notice to the first accused.
Reference:
P21
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmed the receipt of the notice by the first accused company.
Reference:
P22
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between N. V. Muhammad vs Team Care & Cure Pvt. Ltd et al regarding dishonor of cheques under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between N. V. Muhammad vs Team Care & Cure Pvt. Ltd et al regarding dishonor of cheques under Section 138 of the Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act