Case Summary
Complainant Abdul Khader filed a case against accused Abdul Hameed for dishonour of a cheque issued for business purposes. The accused was found guilty and sentenced to 3 months simple imprisonment along with a compensation of Rs.2,80,000.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.2,80,000 and 3 months simple imprisonment
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Final Judgment
No
Accused found guilty of cheque dishonour under Section 138 of N.I. Act and sentenced to 3 months imprisonment with compensation of Rs.2,80,000.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
PW1 filed proof affidavit regarding execution of Ext. P1 cheque by the accused in discharge of legally enforceable debt of Rs 2,00,000 towards the complainant.
Judgment Evidence:
In the result, the accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of 3 months and is directed to pay compensation of Rs.2,80,000 to the complainant u/s 357(3) of the Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Khader
- Relation
- Not mentioned
- Party Role
- Defendant
- Party Name
- Abdul Hameed
- Relation
- Not mentioned
Plaintiffs Documents
Dated 25.11.2009 - Cheque No.415450, Memo from Kottakkal Co-operative Urban Bank Ltd, Memo from South Malabar Gramin Bank, Power of attorney, Lawyer notice, Postal Receipt, Return Notice, Agreement dated 26.5.2009 and 20.5.2006
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation of Rs.2,80,000 and 3 months simple imprisonment
Evidence:
Accused directed to pay the amount covered by the cheque with interest to the complainant.
Documents & Evidence
Document Type:
Multiple
Submitted By:
Plaintiff
Relevance:
Used as evidence in establishing the execution of the cheque and debt.
Reference:
Multiple including dated 25.11.2009 - Cheque No.415450, Memo from Kottakkal Co-operative Urban Bank Ltd, Memo from South Malabar Gramin Bank, Power of attorney, Lawyer notice, Postal Receipt, Return Notice, Agreement dated 26.5.2009 and 20.5.2006
Document Type:
Nil
Submitted By:
Defendant
Relevance:
Nil
Reference:
Nil
Case Classification
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dishonour of cheque
Case Code
Case between Abdul Khader vs Abdul Hameed regarding cheque dishonour
Case Code Year
Case between Abdul Khader vs Abdul Hameed regarding cheque dishonour
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months