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
Key Reasoning:
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
Plaintiffs
Shaijal Babu (41 years)
Regal Exports, Kottampara, Edayour amsom desom, Edayoor North P.O, Tirur Taluk
Defendants
Abdul Razak. T.K (40 years years)
Tippu Samudram, Kaniyar Veettil House, Muthoor, Tirur P.O, Tirur Taluk
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