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S.T. No: 103/2017

Case between Abdul Gafoor vs Mustaffa regarding Cheque Dishonour

Court
Court of Judicial First Class Magistrate -II, Tirur
Judge
Smt. Vincy T.V.
Order Date
2018-05-14
Duration
5 years 11 months 12 days
Case Closed
Mon, 05/14/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complaint filed against the accused for dishonour of a cheque issued towards repayment of a loan, resulting in an offence under section 138 of the Negotiable Instrument Act.

Judgment Outcome

Defendant Won
Interim Order
The accused is acquitted under section 255(1) Cr.P.C. due to the prosecution's failure to prove the accused's liability for the offence under section 138 of the Negotiable Instrument Act.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused is acquitted under section 255(1) Cr.P.C. due to the prosecution's failure to prove the accused's liability for the offence under section 138 of the Negotiable Instrument Act.
Key Reasoning:
Prosecution failed to prove that the cheque was issued towards a legally enforceable debt or liability.
Why Defendant Won:
Prosecution failed to prove that the cheque was issued towards a legally enforceable debt or liability.
Supporting Evidence
In order to attract liability under section 138 of the Negotiable Instrument Act, the prosecution must prove that there is a legally enforceable liability and towards the discharge of the said liability the cheque was issued. Prosecution failed to adduce factual basis for the alleged payment of Rs.10,00,000/- which not even took a place in the notice as well as in the complaint.

Judgment Evidence:

The accused is acquitted under section 255(1) Cr.P.C.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Gafoor
Party Age
57
Relation
S/o. Muhammed Haji
Party Role
Defendant
Party Name
Mustaffa
Party Age
38
Relation
S/o. Mammulty Haji
Plaintiffs Documents
P1 cheque dated 31-05-2012, P2 Memo ICICI Bank, P3 Memo IDBI Bank, P4 lawyer notice dated 03-08-2012, P5 Postal receipt, P6 Reply notice dated 01-09-2012, P7 Receipt dated 1-1-2012
Defendants Documents
D1 Passport No. H 7255797, D1(a) Page No. 9 of passport, D1(b) Page No. 13 of passport, D1(c) Page No. 17 of passport

Advocates

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Acquittal 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:
Dishonoured cheque dated 31-05-2012
Reference:
P1
Document Type: Passport
Submitted By: Defendant
Relevance:
Passport details indicating accused's absence from the country during alleged transaction
Reference:
D1

Case Classification

Case Type
Criminal Case - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Abdul Gafoor vs Mustaffa regarding Cheque Dishonour
Case Code Year
Case between Abdul Gafoor vs Mustaffa regarding Cheque Dishonour

Case Flags

Cheque-Related Case
Nature of Cheque Case

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 05/14/2012 - 12:00
Case Closed
Mon, 05/14/2018 - 12:00
From
Tue, 05/01/2018 - 12:00
To
Thu, 05/31/2018 - 12:00
Outcome Confidence
90%

Involved Entities

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