Case Summary
Complainant Anwar N. P filed a case against accused Musthafa for issuing a dishonored cheque under section 138 of the Negotiable Instruments Act. After trial and examination of evidence, the accused was found not guilty and acquitted.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) of the Code of Criminal Procedure
Case Type
Criminal Case - Dishonored Cheque
Final Judgment
No
Key Reasoning:
Lack of proper evidence and proof of execution of the cheque by the accused.
Lack of proper evidence and proof of execution of the cheque by the accused.
Judgment Evidence:
The complainant failed to prove the transaction alleged in the complaint as well as execution and issuance of the cheque by the accused.
Parties Involved
Plaintiffs
Anwar N. P (Age not specified years)
Nayarpadikkal House, Edarikkode. P. O., (Kottakkal Police station Limit)
Defendants
Musthafa (42 years)
Ayappalli House, Ananthavoor amsom, Konnalloor Desom, Kurumbathoor. P. O., Tirur Taluk. Kalpakanchery police station Limit
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Acquittal of the accused Musthafa under section 255(1) of the Code of Criminal Procedure.
Evidence:
Evidence presented during the trial indicating lack of proof and execution of the cheque by the accused.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of the dishonored cheque
Reference:
Ext.P1
Document Type:
Certified copy of passport
Submitted By:
Defendant
Relevance:
Document supporting the accused's absence during the alleged transaction period.
Reference:
Ext.D1