Case Summary
Complainant alleged that the accused issued a cheque, which bounced due to 'account closed', leading to a legal action u/s 138 of The Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under u/s. 255(1) CrPC
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Key Reasoning:
The complainant failed to establish that the accused issued the cheque for consideration and in discharge of liability.
The complainant failed to establish that the accused issued the cheque for consideration and in discharge of liability.
Judgment Evidence:
The Honourable Supreme Court in John K.Abrahamand another [2014 (1) KLT 901] has held that "in order to draw presumption under section 118 read along with 139 of the N.I.Act, burden is heavily upon the complainant to show that he had required funds for having advanced the money to the accused; that the issuance of the cheque in support of the said payment advanced was true and the accused was bound to make the payment as had been agreed while issuing the cheque in favour of the complainant".
Parties Involved
Plaintiffs
Jayakumar (53 years)
Mandalapparambu House, Alathiyoor P.O., Tirur Taluk
Defendants
Ummar Muhthar (26 years)
Mulanthala House, Alathiyoor P.O, Tirur Taluk
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Accused found not guilty of the offence punishable u/s 138 of The Negotiable Instruments Act
Evidence:
The complainant failed to establish that the accused issued the cheque for consideration and in discharge of liability.
Documents & Evidence
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by HDFC Bank
Reference:
Ext.P2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by Tirur Urban Co-operative Bank Ltd.
Reference:
Ext.P3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice
Reference:
Ext.P4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt
Reference:
Ext.P5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Reply Notice
Reference:
Ext.P6