Case Summary
Complainant accused defendants of dishonouring a cheque for Rs.1,00,000, issued towards repayment, leading to filing of case under section 138 of the Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquitted under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Key Reasoning:
The complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability.
The complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability.
Judgment Evidence:
In the result 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
Baburajan (Age not specified years)
Kuttath House, Irumbiliyam Post Valanchery, Malappuram. District
Defendants
Abdul Gafoor (43 years)
Key Tees Building, First Floor, Valanchery, Malappuram District
Vikasana Kuries Pvt.Ltd. (Age not specified years)
Key Tees Building, First Floor, Valanchery, Malappuram District
Reliefs
Relief Type:
Acquitted under section 255(1) Cr.P.C.
Outcome:
Granted
Description:
Accused found not guilty of offence under section 138 of Negotiable Instrument Act.
Evidence:
In the result 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.
Documents & Evidence
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Passbook dated 28.05.2011
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No.015548 for Rs.1,00,000/- from SBT, Valanchery Branch
Reference:
Ext.P2
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Copy of FIR dated 19-9-2012
Reference:
D1
Document Type:
Certificate of Incorporation
Submitted By:
Defendant
Relevance:
Certified copy of certificate of Incorporation
Reference:
D2(a)
Document Type:
Memorandum of Association
Submitted By:
Defendant
Relevance:
Certified copy of Memorandum of Association of the company
Reference:
D2(b)