Case Summary
Sajeev R filed a complaint against Bhagyaraj alleging that a cheque issued by the accused was dishonoured due to insufficient funds. The court found that the complainant failed to appear for evidence despite several opportunities, leading to the dismissal of the complaint.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The complaint was dismissed, and the accused was acquitted due to the complainant's failure to present evidence.
Key Reasoning:
The court exercised its discretion under section 256 Cr.P.C. due to the complainant's absence and lack of interest in prosecuting the case.
The court exercised its discretion under section 256 Cr.P.C. due to the complainant's absence and lack of interest in prosecuting the case.
Why Defendant Won:
The court exercised its discretion under section 256 Cr.P.C. due to the complainant's absence and lack of interest in prosecuting the case.
The court exercised its discretion under section 256 Cr.P.C. due to the complainant's absence and lack of interest in prosecuting the case.
Supporting Evidence
The court found that the complainant failed to adduce evidence despite several opportunities given, leading to the presumption of lack of interest.
Judgment Evidence:
In the result: The complaint is dismissed under section 256 (1) of Cr.P.C. and resultantly the accused is acquitted.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeev R
- Party Role
- Plaintiff
- Party Name
- Devika
- Party Role
- Defendant
- Party Name
- Bhagyaraj
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Complainant
- Advocate Name
- Sri.G.Sethu Nathan Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Dismissed
Description:
Complaint dismissed under section 256(1) of Cr.P.C.
Evidence:
The complaint is dismissed under section 256 (1) of Cr.P.C. and resultantly the accused is acquitted.
Documents & Evidence
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST.NO.
Case Code Year
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act