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ST No:96/2012

Case between Abdul Khader vs Abdul Hameed regarding dishonour of cheque

Court
Court of Judicial First Class Magistrate-II, Tirur
Judge
Sri. Biju. V. G
Order Date
2014-05-27
Duration
1 year
Case Closed
Tue, 05/27/2014 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complainant Abdul Khader filed for dishonour of cheque u/s. 138 of the N.I. Act against the accused Abdul Hameed, who was found guilty and sentenced to 3 months simple imprisonment with compensation of Rs. 1,40,000/-.

Judgment Outcome

Plaintiff Won
Interim Order
The accused was found guilty of issuing a dishonoured cheque and sentenced to 3 months simple imprisonment along with a fine of Rs. 1,40,000/- to the complainant.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 1,40,000/-
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused was found guilty of issuing a dishonoured cheque and sentenced to 3 months simple imprisonment along with a fine of Rs. 1,40,000/- to the complainant.
Why Plaintiff Won:
The complainant successfully proved the execution of the cheque by the accused towards a legally enforceable debt, meeting the burden of proof.
Losing Side's Weaknesses:
The complainant successfully proved the execution of the cheque by the accused towards a legally enforceable debt, meeting the burden of proof.
Supporting Evidence
The fact that the accused did not dispute his signature on the cheque and failed to provide a clear explanation on the issuance of the cheque supported the complainant's case.

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.1,40,000/- to the complainant u/s 357(3) of the Cr.P.C. in default of payment of compensation, the accused shall undergo simple imprisonment for 3 months.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Khader
Relation
Represented by Power of Attorney holder
Party Role
Defendant
Party Name
Abdul Hameed
Plaintiffs Documents
Ext.P1 - Cheque, Ext.P2 - Memo from Bank, Ext.P3 - Memo from Bank, Ext.P4 - Power of attorney, Ext.P5 - Lawyer notice, Ext.P6 - Postal Receipt, Ext.P7 - Notice returned unserved, Ext.P8 - Agreement, Ext.P9 - Agreement
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Adv. M V. Bindu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. Najmudheen. P
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Compensation
Outcome: Granted
Description:
Compensation of Rs. 1,40,000/- granted to the plaintiff
Evidence:
The accused was directed to pay a compensation of Rs.1,40,000/- to the complainant.

Documents & Evidence

Document Type: Cheques, Memos, Power of attorney, Notices, Agreements
Submitted By: Plaintiff
Relevance:
Documents supporting the issuance, dishonour, and legal proceedings related to the cheque
Reference:
Ext.P1 - Ext.P9

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 Khader vs Abdul Hameed regarding dishonour of cheque
Case Code Year
Case between Abdul Khader vs Abdul Hameed regarding dishonour of cheque

Case Flags

Cheque-Related Case
Imprisonment Involved
Arrest Involved
Nature of Cheque Case
Imprisonment Duration
3 months

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 05/27/2012 - 12:00
Case Closed
Tue, 05/27/2014 - 12:00
From
Tue, 04/01/2014 - 12:00
To
Mon, 06/30/2014 - 12:00
Outcome Confidence
100%

Involved Entities

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