Case Summary
Junaid Kuttiyil filed a complaint against Favas under Section 138 of the Negotiable Instruments Act for a dishonored cheque. The court found the accused not guilty and acquitted him.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused, Favas, was found not guilty of the charges under Section 138 of the Negotiable Instruments Act and was acquitted.
Key Reasoning:
The complainant failed to establish that the cheque was issued in transaction of a legally enforceable debt or liability.
The complainant failed to establish that the cheque was issued in transaction of a legally enforceable debt or liability.
Why Defendant Won:
The complainant failed to establish that the cheque was issued in transaction of a legally enforceable debt or liability.
The complainant failed to establish that the cheque was issued in transaction of a legally enforceable debt or liability.
Supporting Evidence
The complainant has failed to establish that the cheque was issued in transaction of a legally enforceable debt or liability.
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
- Junaid Kuttiyil
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Favas
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Cheque No. 551345, Dishonor Memo, Registered lawyer notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V. K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benny Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Not Decided
Description:
The complainant claimed repayment of the cheque amount due to its dishonor.
Evidence:
The accused is found not guilty of the offence punishable under Section 138 of the N.I.Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the accused as repayment for a loan and was later dishonored.
Reference:
P1
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
This memo confirms that the cheque was returned due to insufficient funds.
Reference:
P2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to inform the accused of the dishonor of the cheque.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the registered lawyer notice.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card is evidence that the accused received the notice.
Reference:
P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Dishonor of cheque
Case Code
Case between Junaid Kuttiyil vs Favas regarding a dishonored cheque under the Negotiable Instruments Act
Case Code Year
Case between Junaid Kuttiyil vs Favas regarding a dishonored cheque under the Negotiable Instruments Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act