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S.T. No:48/2016

Case between Dhanya.M vs Abdul Gafoor regarding dishonoured cheque

Court
Court of Judicial First Class Magistrate-11
Judge
Smt. Vincy T.V.
Order Date
2017-08-11
Duration
1 year 6 months
Case Closed
Fri, 08/11/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complaint filed by Dhanya.M against Abdul Gafoor for dishonour of cheque issued in connection with a chit transaction.

Judgment Outcome

Defendant Won
Interim Order
The accused was acquitted under section 255(1) Cr.P.C. due to lack of evidence proving the guilt.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
The accused was acquitted under section 255(1) Cr.P.C. due to lack of evidence proving the guilt.
Key Reasoning:
Plaintiff failed to prove the accused issued the cheque towards a legally enforceable debt.
Why Defendant Won:
Plaintiff failed to prove the accused issued the cheque towards a legally enforceable debt.
Supporting Evidence
The complainant failed to prove that the cheque was issued towards the discharge of a legally enforceable debt or liability.

Judgment Evidence:

The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Dhanya.M
Party Age
29
Relation
Wife of Murukesan.M.P
Party Role
Defendant
Party Name
Abdul Gafoor
Party Age
43
Plaintiffs Documents
Cheque No.015537 for Rs.2,00,000/-, Memos, Notice, Receipt, Acknowledgement card
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
The accused acquitted under section 255(1) Cr.P.C.
Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque No.015537 for Rs.2,00,000/-
Reference:
Ext.P1
Document Type: Memorandum
Submitted By: Plaintiff
Relevance:
Memo issued by SBT
Reference:
Ext.P2
Document Type: Memorandum
Submitted By: Plaintiff
Relevance:
Memo issued by Canara Bank
Reference:
Ext.P3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Notice issued to accused
Reference:
Ext.P4
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt related to the transaction
Reference:
Ext.P5
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Acknowledgement card for transaction
Reference:
Ext.P6

Case Classification

Case Type
Criminal Case - Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Dhanya.M vs Abdul Gafoor regarding dishonoured cheque
Case Code Year
Case between Dhanya.M vs Abdul Gafoor regarding dishonoured cheque

Case Flags

Cheque-Related Case
Nature of Cheque Case

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 02/11/2016 - 12:00
Case Closed
Fri, 08/11/2017 - 12:00
From
Tue, 08/01/2017 - 12:00
To
Thu, 08/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

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