Case Summary
Complaint filed under section 138 of the Negotiable Instruments Act for dishonor of a cheque issued towards a legally enforceable debt.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) of the Code of Criminal Procedure
Case Type
Criminal Case - Cheque Bounce
Final Judgment
No
The accused was acquitted of the offence under section 138 of the Negotiable Instruments Act due to lack of evidence proving the issuance and execution of the cheque.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Not available
Not available
Supporting Evidence
Judgment Evidence:
On the basis of the foregoing discussions and evidence on record, I hold a view that the complainant failed to establish that the accused executed and issued Ext.P1 cheque in discharge of legally enforceable debt of Rs.2,50,000/-to the complainant and thus the accused has committed an offence punishable u/s 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shajahan
- Relation
- Son of Muhammad
- Party Role
- Defendant
- Party Name
- Noushad Babu
- Relation
- Son of Muhammad Kutty
Plaintiffs Documents
Exts.P1 to P6 including cheque, memos, notice, and acknowledgment
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Defendant acquitted of the offence under section 138 of the Negotiable Instruments Act
Evidence:
Accused found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act and acquitted u/s 255(1) Cr.PC.
Documents & Evidence
Document Type:
Cheque, Memos, Notices
Submitted By:
Plaintiff
Relevance:
Documents relating to the issuance, dishonor, and notice of the cheque.
Reference:
Exts.P1 to P6
Document Type:
Not available
Submitted By:
Defendant
Relevance:
Reference:
Case Classification
Case Type
Criminal Case - Cheque Bounce
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dishonor of cheque
Case Code
ST.
Case Code Year
2012
Case Flags
Cheque-Related Case
Nature of Cheque Case