Skip to main content
Niyamam AI- Beta Niyamam AI- Beta

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
S.T. No:47/2016

Case between Hamsa. P.K vs Vipin Das regarding dishonored cheque

Court
Court of Judicial First Class Magistrate 11
Judge
Smt. Vincy T.V.
Order Date
2017-11-16
Duration
Approximately 1 year
Find Similar Cases

Case Summary

Complainant alleged that the defendant issued a cheque to repay a loan, but it was returned due to insufficient funds and differing signature. The defendant pleaded not guilty and was acquitted under section 255(1) of Cr.P.C.

Judgment Outcome

Defendant Won
Interim Order
The complainant failed to prove that the accused issued the cheque for a legally enforceable debt, resulting in the accused being acquitted of the offense under Section 138 of the Negotiable Instruments Act.
Judgment Favored
Defendant
Relief Granted
Acquittal under Section 255(1) of Cr.P.C.
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Parties Involved

Plaintiffs

Hamsa. P.K (Age not specified years) S/o Mammi, Kattungal House, PO Pazhur, Kuttippuram, Malappuram District

Defendants

Vipin Das (Age not specified years) S/o.Viswanaihan, parambath House, Po. Kumbidi, Pattambi Taluk, Palakkad District

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Accused acquitted of the offense under Section 138 of the Negotiable Instruments Act
Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque dated 29-05-2015 for Rs. 4,00,000 towards loan repayment
Reference:
Ext.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by Mapalluram District Cooperative Bank regarding the cheque
Reference:
Ext.P2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Registered Lawyer notice dated 12-16-2015
Reference:
Ext.P3
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Acknowledgement card dated 15-06-2015
Reference:
Ext.P4
Document Type: Return lawyer notice
Submitted By: Plaintiff
Relevance:
Return lawyer notice dated 27-6-2015
Reference:
Ext.P5
Document Type: Transaction statement
Submitted By: Plaintiff
Relevance:
Statement showing transaction details of Account No.57052725515 Hamza.P.K dated 28-05-2015
Reference:
Ext.P6

Quick Facts

Location
Tirur
Case Filed
Wed, 11/16/2016 - 12:00
Outcome Confidence
95%

Involved Entities

Similar Cases