Case Summary
Abdul Gafoor filed a complaint against Mustaffa for issuing a cheque that was dishonoured due to insufficient funds, leading to a legal case under section 138 of the Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Final Judgment
No
Key Reasoning:
Abdul Gafoor failed to substantiate his claim that the cheque issued by Mustaffa was towards a legally enforceable debt, leading to the acquittal of Mustaffa.
Abdul Gafoor failed to substantiate his claim that the cheque issued by Mustaffa was towards a legally enforceable debt, leading to the acquittal of Mustaffa.
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
Abdul Gafoor (57 years)
Kuttippilakkal House, Cheriyamundam Amsam, Thalakkadathur Desam, Tirur Taluk
Defendants
Mustaffa (38 years)
Mandakathingal House
Reliefs
Relief Type:
Acquittal
Outcome:
Granted
Description:
Acquittal under section 255(1) Cr.P.C.
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:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque dated 31-05-2012
Reference:
P1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice dated 03-08-2012
Reference:
P4
Document Type:
Identification Document
Submitted By:
Defendant
Relevance:
Passport documents
Reference:
D1