Case Summary
Ali S/o Abdulla filed a private complaint against Sujithlal S/o Kanaran under U/s.138 of the Negotiable Instruments Act, 1881 for issuing a cheque that was dishonored. The complainant claimed the cheque was given in discharge of a loan amounting to Rs.10,00,000/-.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the offence punishable under Section 138 of the N.I. Act and was acquitted.
Key Reasoning:
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt or liability.
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt or liability.
Why Defendant Won:
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt or liability.
The complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt or liability.
Supporting Evidence
The execution of the cheque is admitted, however, the complainant failed to establish the financial capacity and source of income, and the execution of the P3 agreement was not proved.
Judgment Evidence:
In the result, (i) The accused is found not guilty of the offence punishable under Section 138 of the N.I. Act and is acquitted under Section 255(1) of Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ali S/o Abdulla
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sujithlal S/o Kanaran
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Cheque No. 002070 for ₹10,00,000/-, Dishonor Memo, Agreement entered between complainant and accused, Registered lawyer notice, Postal Receipt, Acknowledgment Card, Reply notice.
Defendants Documents
Complaint filed by the complainant before the DYSP, Nadapuram.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V. K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammad Zaheer
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved through PW1; issued for the amount of Rs.10,00,000/- as part of the transaction.
Reference:
P1
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Proved through PW1; indicates the cheque was returned for insufficient funds.
Reference:
P2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Proved through PW1; outlines the terms of the loan and cheque issuance.
Reference:
P3
Document Type:
Registered legal notice
Submitted By:
Plaintiff
Relevance:
Proved through PW1; served to the accused regarding the cheque dishonor.
Reference:
P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proved through PW1; evidence of sending the legal notice.
Reference:
P5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proved through PW1; confirms receipt of the legal notice by the accused.
Reference:
P6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Proved through PW1; response from the accused denying the allegations.
Reference:
P7
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Filed by the complainant before the DYSP regarding the loan amount.
Reference:
D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Ali S/o Abdulla vs Sujithlal S/o Kanaran regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Code Year
Case between Ali S/o Abdulla vs Sujithlal S/o Kanaran regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act