Case Summary
Complainant accused defendant of issuing a dishonored cheque for Rs.5,00,000 towards a debt but failed to prove the transaction, resulting in defendant's acquittal.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) of the Code of Criminal Procedure
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Key Reasoning:
The complainant failed to prove the transaction or the execution of the cheque by the accused, resulting in lack of evidence to support the allegations.
The complainant failed to prove the transaction or the execution of the cheque by the accused, resulting in lack of evidence to support the allegations.
Judgment Evidence:
On the basis of my findings on point Nos.1 and 2, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.
Parties Involved
Plaintiffs
Anwar N.P (Age not specified years)
Nayarpadikkal House, Edarikkode. P. O., Kottakkal
Defendants
Musthafa (42 years)
Ayappalli House, Ananthavoor amsom, Konnalloor Desom, Kurumbathoor. P. O., Tirur Taluk
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No. 10036966 dated 11.3.2013
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo dated 15.3.2013 issued by the Federal Bank, Kottakkal Branch
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice dated 5.4.2013
Reference:
Ext.P3
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of passport
Reference:
Ext.D1