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ST.11/2014 (Refiled from S.T. 274/2013 of J.F.C.M-I, Tirur)

Case between Anwar N. P vs Musthafa regarding dishonored cheque under section 138 of N.I. Act

Court
Court of Judicial First Class Magistrate-II, Tirur
Judge
Sri. Biju. V. G, B.Sc., LL.B
Order Date
2014-12-04
Duration
Not mentioned
Case Closed
Thu, 12/04/2014 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complainant Anwar N. P filed a case against accused Musthafa for issuing a dishonored cheque under section 138 of the Negotiable Instruments Act. After trial and examination of evidence, the accused was found not guilty and acquitted.

Judgment Outcome

Defendant Won
Interim Order
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) of the Code of Criminal Procedure
Case Type
Criminal Case - Dishonored Cheque
Final Judgment
No
Key Reasoning:
Lack of proper evidence and proof of execution of the cheque by the accused.
Why Defendant Won:
Supporting Evidence
As per the evidence, the accused was abroad at the time of the alleged transaction, and there was no definitive proof of the cheque execution by the accused.

Judgment Evidence:

The complainant failed to prove the transaction alleged in the complaint as well as execution and issuance of the cheque by the accused.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Anwar N. P
Relation
Son of Ahammedkutty
Party Role
Defendant
Party Name
Musthafa
Party Age
42
Relation
Son of Hamsakutty Haji
Plaintiffs Documents
Cheque bearing No. 10036966, Memo from Federal Bank, Lawyer notice, Power of attorney
Defendants Documents
Certified copy of passport

Advocates

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Acquittal of the accused Musthafa under section 255(1) of the Code of Criminal Procedure.
Evidence:
Evidence presented during the trial indicating lack of proof and execution of the cheque by the accused.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Evidence of the dishonored cheque
Reference:
Ext.P1
Document Type: Certified copy of passport
Submitted By: Defendant
Relevance:
Document supporting the accused's absence during the alleged transaction period.
Reference:
Ext.D1

Case Classification

Case Type
Category
Cheque Bounce Cases
District
State
Court Establishment
Common Reasons
Case Code
Case between Anwar N. P vs Musthafa regarding dishonored cheque under section 138 of N.I. Act
Case Code Year
Case between Anwar N. P vs Musthafa regarding dishonored cheque under section 138 of N.I. Act

Quick Facts

Location
Tirur
District
State
Court Establishment
Case Filed
Mon, 04/07/2014 - 12:00
Case Closed
Thu, 12/04/2014 - 12:00
From
To
Outcome Confidence
%

Involved Entities

Private Individual

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