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S.T. No. 37/2017

Case between Aboobacker vs Rukhiya regarding cheque dishonor

Court
Judicial First Class Magistrate -II, Tirur
Judge
Sri. Jankish Narayanan
Order Date
2019-07-12
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Aboobacker filed a complaint against Rukhiya for an alleged offence under section 138 of the Negotiable Instruments Act. Rukhiya issued a cheque which bounced due to insufficient funds.

Judgment Outcome

Plaintiff Won
Interim Order
The court found Rukhiya guilty of the offence punishable under section 138 of the Negotiable Instruments Act and sentenced her to pay compensation to Aboobacker.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.200,000/- (Rupees Two Lakhs only)
Case Type
Criminal Case
Final Judgment
No
The court found Rukhiya guilty of the offence punishable under section 138 of the Negotiable Instruments Act and sentenced her to pay compensation to Aboobacker.
Why Plaintiff Won:
The complainant proved that the cheque was issued in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The complainant proved that the cheque was issued in discharge of a legally enforceable debt.
Supporting Evidence
The complainant sufficiently proved the presumptive facts, particularly, in relation to pre-existence of legal liability or the debt for discharge of which Exbt. P1 cheque was issued.

Judgment Evidence:

In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.200,000/- (Rupees Two 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
Aboobacker
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Rukhiya
Party Age
41
Relation
W/o
Plaintiffs Documents
Cheque No. 10180565 for Rs.2,00,000/-, Memo issued by Federal Bank, Copy of Lawyer Notice, Postal receipt, Acknowledgment Card
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. U Sainudheen
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt. M.V. Bindu
Appearance Type
Main Counsel

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
Compensation of Rs.200,000 to the complainant.
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 and is directed to pay compensation of Rs.2.00.000/- (Rupees Two Lakhs only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type: Imprisonment
Outcome: Granted
Description:
Imprisonment for a period of 3 months in default of payment of compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for 3 months.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type: Bank Memorandum
Submitted By: Court
Relevance:
Memo issued by the Federal Bank stating the cheque was returned unpaid.
Reference:
Ext.P2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of notice sent to the accused informing about the dishonour of the cheque.
Reference:
Ext.P3 (A)
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipt evidencing the sending of the lawyer notice.
Reference:
Ext.P3 (B)
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment card evidencing the service of statutory notice on the accused.
Reference:
Ext.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 Aboobacker vs Rukhiya regarding cheque dishonor
Case Code Year
Case between Aboobacker vs Rukhiya regarding cheque dishonor

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
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
100%

Involved Entities

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