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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
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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
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.

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

Plaintiffs

Abdul Khader (Age not specified years) Koramkandathil House, Iringavoor amsom desom, Iringavoor P. O, Tirur Taluk

Defendants

Abdul Hameed (Age not specified years) Koorithodi house, Kattiparuthi amsom, Vaikathoor desom, Valanchery PO, Tirur Taluk

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

Quick Facts

Location
Tirur
Case Filed
Sun, 05/27/2012 - 12:00
Outcome Confidence
100%

Involved Entities

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