Case Summary
Complaint filed against the accused for dishonour of a cheque issued towards repayment of a loan, resulting in an offence under section 138 of the Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Key Reasoning:
Prosecution failed to prove that the cheque was issued towards a legally enforceable debt or liability.
Prosecution failed to prove that the cheque was issued towards a legally enforceable debt or liability.
Judgment Evidence:
The accused is acquitted under section 255(1) Cr.P.C.
Parties Involved
Plaintiffs
Abdul Gafoor (57 years)
Kuttippilakkal House, Cheriyamundam Amsam, Thalakkadathur Desam, Tirur Taluk
Defendants
Mustaffa (38 years)
Mandakathingal House
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Acquittal under section 255(1) Cr.P.C.
Evidence:
The accused is acquitted under section 255(1) Cr.P.C.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Dishonoured cheque dated 31-05-2012
Reference:
P1
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Passport details indicating accused's absence from the country during alleged transaction
Reference:
D1