Case Summary
This case involves a complaint filed by Shaijal Babu against Sidhique for allegedly committing an offence under section 138 of the Negotiable Instruments Act. The case revolves around a cheque issued by the accused, which was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court found the accused not guilty of the offence under section 138 of the Negotiable Instruments Act and acquitted him. The complainant failed to prove the transaction and issuance of the cheque.
Key Reasoning:
The complainant did not succeed in proving the debt or liability for which the cheque was issued.
The complainant did not succeed in proving the debt or liability for which the cheque was issued.
Why Defendant Won:
The complainant did not succeed in proving the debt or liability for which the cheque was issued.
The complainant did not succeed in proving the debt or liability for which the cheque was issued.
Supporting Evidence
The complainant has not succeeded in proving that Exbt.1 cheque was drawn, executed and delivered by the accused in discharge of a legally enforceable liability.
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
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sidhique
- Relation
- S/o
Plaintiffs Documents
Cheque No.422873 for Rs.9,50,000/, Memo issued by Federal Bank, Copy of Lawyer notice along with Postal Receipt, Postal Acknowledgement Card, Reply Notice, Account statement
Defendants Documents
Passport No. F 4964466
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Gafoor. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Ali Hassan
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque allegedly issued by the accused towards repayment of a loan.
Reference:
Ext.P1
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
Memo issued by the bank indicating that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the statutory notice sent to the accused regarding the dishonour of the cheque.
Reference:
Ext.P3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of delivery of the statutory notice to the accused.
Reference:
Ext.P4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply from the accused denying the liability.
Reference:
Ext.P5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement used to substantiate the financial transaction.
Reference:
Ext.P6
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Passport used to prove that the accused was not in India at the time the cheque was allegedly issued.
Reference:
Exbt.B1
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 Sidhique regarding offence under section 138 of Negotiable Instruments Act
Case Code Year
Case between Shaijal Babu vs Sidhique regarding offence under section 138 of Negotiable Instruments Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act