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
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.
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 (Age not specified years)
Kottampara House, Edayoor North P.O, Valanchery, Malappuram
Defendants
Sidhique (Age not specified years)
Tippu Samudram Kaniyar Veetil House, Muthur, Tirur. P.O, Malappuram
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