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S.T. No:37/2014

Case between Alikkutty vs Muhammed Abdul Noor regarding cheque dishonour

Court
Court of Judicial First Class Magistrate-II, Tirur
Judge
Sri. Biju V.G.
Order Date
2014-08-13
Duration
1 year
Case Closed
Wed, 08/13/2014 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complainant alleged that the accused issued a cheque that bounced due to insufficient funds, leading to an offence under Section 138 of the Negotiable Instruments Act.

Judgment Outcome

Defendant Won
Interim Order
The court found the accused not guilty of the offence under Section 138 of N.I. Act due to lack of evidence proving the issuance of the cheque towards the discharge of debt.
Judgment Favored
Defendant
Relief Granted
Acquittal under Section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The court found the accused not guilty of the offence under Section 138 of N.I. Act due to lack of evidence proving the issuance of the cheque towards the discharge of debt.
Key Reasoning:
The complainant failed to provide incriminating evidence against the accused to prove the issuance of the cheque towards a legally recoverable debt.
Why Defendant Won:
The complainant failed to provide incriminating evidence against the accused to prove the issuance of the cheque towards a legally recoverable debt.
Supporting Evidence
In this case, the complainant has not adduced any evidence to prove his case. There IS no material on record to show that the accused had issued cheque to the complainant in discharge of the liability.

Judgment Evidence:

On the basis of my finding on point No 1. the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Alikkutty
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
Muhammed Abdul Noor
Party Age
38
Relation
S/o
Plaintiffs Documents
Not available
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P.Abdul Gafoor
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Abdussamad
Appearance Type
Assisting Counsel
Law Firm
Manjei

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Accused found not guilty of Cheque Dishonour offence under Section 138 of the Negotiable Instruments Act
Evidence:
On the basis of my finding on point No 1. the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Documents & Evidence

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 Alikkutty vs Muhammed Abdul Noor regarding cheque dishonour
Case Code Year
Case between Alikkutty vs Muhammed Abdul Noor regarding cheque dishonour

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 07/22/2013 - 12:00
Case Closed
Wed, 08/13/2014 - 12:00
From
Fri, 08/01/2014 - 12:00
To
Sun, 08/31/2014 - 12:00
Outcome Confidence
100%

Involved Entities

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