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S.T. No:170/2017

Case between Abdul Harish vs Abdul Munner regarding dishonour of cheque under section 138 of the N.I. Act

Court
JUDICIAL FIRST CLASS MAGISTRATE -II, TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-08-20
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdul Harish filed a complaint against Abdul Munner for dishonouring a cheque worth Rs. 400,000. The cheque was returned unpaid due to insufficient funds, leading to this case where the accused was found guilty.

Judgment Outcome

Plaintiff Won
Interim Order
The accused, Abdul Munner, was found guilty and convicted for the offence punishable under section 138 of the Negotiable Instrument Act. He was sentenced to undergo imprisonment and pay compensation to the complainant.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 400,000
Case Type
Criminal Case
Final Judgment
No
The accused, Abdul Munner, was found guilty and convicted for the offence punishable under section 138 of the Negotiable Instrument Act. He was sentenced to undergo imprisonment and pay compensation to the complainant.
Why Plaintiff Won:
The complainant provided sufficient evidence showing that the cheque was issued in discharge of a legally enforceable debt, and the cheque was returned due to insufficient funds.
Losing Side's Weaknesses:
The complainant provided sufficient evidence showing that the cheque was issued in discharge of a legally enforceable debt, and the cheque was returned due to insufficient funds.
Supporting Evidence
The oral evidence of PW1, coupled with Exbt.P2 memorandum would prove that the complainant had presented Exbt. P1 cheque for encashment and cheque was returned by the bank for the reason 'Insufficient Funds'.

Judgment Evidence:

In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.400,000/- (Rupees Four Lakh only) under section 357(3) of the Code of Criminal Procedure for the offence punishable under section 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Harish
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
Abdul Munner
Party Age
30
Relation
S/o
Plaintiffs Documents
Cheque No.809970 for Rs.4,00,000, Memo issued by Federal Bank, Copy of Lawyer notice, Postal Receipt, Acknowledgement card
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.C Naseer
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.P Abdul Jabir
Appearance Type
Main Counsel

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
Compensation of Rs. 4,00,000/- to the complainant.
Evidence:
The accused is directed to pay compensation of Rs.4,00,000/- (Rupees Four Lakhs only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type: Imprisonment
Outcome: Granted
Description:
Imprisonment till the raising of the court and a default sentence of 3 months.
Evidence:
The accused is found guilty and convicted for an offence punishable u/s 138 of the Negotiable Instrument Act and sentenced to undergo imprisonment till the raising of the court.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This cheque was issued by the accused to discharge a legally enforceable debt.
Reference:
Exbt.P1
Document Type: Memorandum
Submitted By: Court
Relevance:
This memorandum shows that the cheque was returned unpaid due to insufficient funds.
Reference:
Exbt.P2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was sent to inform the accused about the dishonour of the cheque and demand payment.
Reference:
Exbt.P3
Document Type: Postal receipt
Submitted By: Unknown
Relevance:
This receipt evidences the sending of the statutory notice.
Reference:
Exbt.P3(a)
Document Type: Acknowledgment card
Submitted By: Unknown
Relevance:
This card confirms the service of the statutory notice on the accused.
Reference:
Exbt.P4

Case Classification

Case Type
Criminal Case
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 Harish vs Abdul Munner regarding dishonour of cheque under section 138 of the N.I. Act
Case Code Year
Case between Abdul Harish vs Abdul Munner regarding dishonour of cheque under section 138 of the N.I. Act

Case Flags

Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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