Case Summary
Complainant accused defendants of dishonouring a cheque for Rs.1,00,000, issued towards repayment, leading to filing of case under section 138 of the Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquitted under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused were found not guilty of offence under section 138 of Negotiable Instrument Act and acquitted under section 255(1) Cr.P.C.
Key Reasoning:
The complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability.
The complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability.
Why Defendant Won:
The complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability.
The complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability.
Supporting Evidence
Since the burden is heavy on the complainant to prove the execution. It is evident from Ext.D1 that the company was kept closed at the time of alleged execution of the Ext.P2 cheque. Hence it is not possible or probable to have such a case of issuance of the cheque at the office of the complainant.
Judgment Evidence:
In the result the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baburajan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Gafoor
- Party Age
- 43
- Party Role
- Defendant
- Party Name
- Vikasana Kuries Pvt.Ltd.
Plaintiffs Documents
Passbook, Cheque No.015548, Memo from State Bank, Lawyer notice, Acknowledgement card, Receipt
Defendants Documents
FIR, Certificate of Incorporation, Memorandum of Association
Advocates
Reliefs
Relief Type:
Acquitted under section 255(1) Cr.P.C.
Outcome:
Granted
Description:
Accused found not guilty of offence under section 138 of Negotiable Instrument Act.
Evidence:
In the result the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.
Documents & Evidence
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Passbook dated 28.05.2011
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No.015548 for Rs.1,00,000/- from SBT, Valanchery Branch
Reference:
Ext.P2
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Copy of FIR dated 19-9-2012
Reference:
D1
Document Type:
Certificate of Incorporation
Submitted By:
Defendant
Relevance:
Certified copy of certificate of Incorporation
Reference:
D2(a)
Document Type:
Memorandum of Association
Submitted By:
Defendant
Relevance:
Certified copy of Memorandum of Association of the company
Reference:
D2(b)
Case Classification
Case Type
Criminal Case - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Failure to prove cheque issuance against legally enforceable debt
Case Code
Case between Baburajan vs Abdul Gafoor et al regarding cheque dishonour
Case Code Year
Case between Baburajan vs Abdul Gafoor et al regarding cheque dishonour
Case Flags
Cheque-Related Case
Nature of Cheque Case