Case Summary
Complaint filed by Shaijal Babu against Abdul Razak T.K for dishonour of cheque. Accused acquitted under section 138 of Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Unknown
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Accused acquitted under S. 255 (1) CrPC for the offence punishable under section 138 of the Negotiable Instruments Act.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence
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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaijal Babu
- Party Age
- 41
- Relation
- Proprietor
- Party Role
- Defendant
- Party Name
- Abdul Razak. T.K
- Party Age
- 40
Plaintiffs Documents
Cheque No.339097 for Rs.7,00,000/, HDFC Bank Ltd, Tirur Branch, Pronote, Original Certificate of Importer-Exporter Code, Memo issued by HDFC Bank Ltd, Valanchey Branch, Memo issued by Federal Bank Ltd, Valanchey Branch, Copy of Lawyer notice, Postal Receipt, Return Notice
Defendants Documents
Passport No. H 1826843
Advocates
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Accused issued this cheque to discharge a liability towards the complainant.
Reference:
Ext.P1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document presented without exhibit reference.
Reference:
Document Type:
Original Certificate of Importer-Exporter Code
Submitted By:
Plaintiff
Relevance:
Shows complainant as the proprietor of Regal Exports.
Reference:
Ext.P3
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Shows that the cheque was returned unpaid for 'Funds Insufficient'.
Reference:
Ext.P4
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by Federal Bank confirming insufficient funds.
Reference:
Ext.P5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment issued by the complainant's lawyer.
Reference:
Ext.P6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the lawyer notice.
Reference:
Ext.P6(a)
Document Type:
Return Notice
Submitted By:
Plaintiff
Relevance:
Notice returned with endorsement that the 'addressee left India'.
Reference:
Ext.P7
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Document showing accused was abroad during the time the cheque was alleged to be issued.
Reference:
Ext.D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Shaijal Babu vs Abdul Razak. T.K regarding U/s 138 of N.I. Act
Case Code Year
Case between Shaijal Babu vs Abdul Razak. T.K regarding U/s 138 of N.I. Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour