Case Summary
Complaint filed against the accused for dishonour of a cheque issued in discharge of a loan, leading to an offence under section 138 of Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal of the accused
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Key Reasoning:
The complainant failed to establish that the accused issued the cheque in discharge of a legally enforceable debt.
The complainant failed to establish that the accused issued the cheque in discharge of a legally enforceable debt.
Judgment Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.
Parties Involved
Plaintiffs
Abubacker (54 years)
Thazhathethil House, Puthiyakddappuram PO, Tanur
Defendants
Cherath Basheer (Age not specified years)
Cherath House
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Acquittal of the accused 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:
Alleged to have been dishonoured leading to the complaint
Reference:
P1
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Presented to establish the accused was abroad during the alleged transaction period
Reference:
D1