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S.T. No:33/2015

Case between E.M.Purushothaman vs Baiju regarding cheque dishonour under Negotiable Instruments Act

Court
Court of Judicial First Class Magistrate-II
Judge
Smt. Vincy T.V.
Order Date
2017-12-21
Duration
Approximately 4 years
Case Closed
Thu, 12/21/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complainant, E.M.Purushothaman, accused Baiju involved in a cheque dishonour case under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Defendant Won
Interim Order
The accused, Baiju, was acquitted under section 255(1) Cr.P.C. as he was found not guilty of the offence u/s 138 of the Negotiable Instruments Act.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused, Baiju, was acquitted under section 255(1) Cr.P.C. as he was found not guilty of the offence u/s 138 of the Negotiable Instruments Act.
Key Reasoning:
The complainant failed to establish that the accused executed and issued the cheque in discharge of a legally enforceable debt, resulting in the accused being acquitted.
Why Defendant Won:
Not available
Supporting Evidence
The complainant has failed to establish that the accused executed and issued Ext.P1 cheque in discharge of a legally enforceable debt of Rs.13,00,000/-.

Judgment Evidence:

The accused is acquitted u/s 255(1) Cr.PC.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
E.M.Purushothaman
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Baiju
Relation
S/o
Plaintiffs Documents
Exhibit P1 - Cheque, Exhibit P6 - Promise document dated 2-12-12
Defendants Documents
Defence Witness: Nil, Exhibit D1 - Copy of FIR No. 648/2013 of Parappanangadi Police

Advocates

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Acquittal of accused Baiju under section 255(1) Cr.P.C.
Evidence:
The accused is acquitted u/s 255(1) Cr.PC.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The cheque submitted by the complainant
Reference:
Exhibit P1
Document Type: Promise document
Submitted By: Plaintiff
Relevance:
Promise document dated 2-12-12
Reference:
Exhibit P6
Document Type: FIR Copy
Submitted By: Defendant
Relevance:
Copy of FIR No. 648/2013 against the accused
Reference:
D1

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 E.M.Purushothaman vs Baiju regarding cheque dishonour under Negotiable Instruments Act
Case Code Year
Case between E.M.Purushothaman vs Baiju regarding cheque dishonour under Negotiable Instruments Act

Case Flags

Cheque-Related Case
Imprisonment Involved
Arrest Involved
Nature of Cheque Case
Cheque Dishonour under Negotiable Instruments Act
Imprisonment Duration
Not available

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 12/21/2013 - 12:00
Case Closed
Thu, 12/21/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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