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S.T. No:123/2012

Case between Gokulam Chit & Finance Co Pvt Ltd vs Asmabi regarding cheque dishonour

Court
Court of the Judicial First Class Magistrate-II
Judge
Sri. Biju. V. G
Order Date
2013-07-27
Duration
3 years 28 days
Case Closed
Sat, 07/27/2013 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

A case filed by Gokulam Chit & Finance Co Pvt Ltd against Asmabi under section 138 of the Negotiable Instruments Act for cheque dishonour.

Judgment Outcome

Defendant Won
Interim Order
The court found the defendant not guilty of the offence punishable under section 138 of the NI Act and acquitted the accused.
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 defendant not guilty of the offence punishable under section 138 of the NI Act and acquitted the accused.
Key Reasoning:
The complainant failed to prove that the cheque was issued towards the discharge of a legally recoverable debt or liability.
Why Defendant Won:
Not available
Supporting Evidence
There is no material to show that the accused was liable to pay any amount to the complainant and the accused had issued cheque to the complainant in discharge of the liability.

Judgment Evidence:

The accused is found not guilty and she is acquitted.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Gokulam Chit & Finance Co Pvt Ltd
Relation
Represented by
Party Role
Defendant
Party Name
Asmabi
Relation
W/o
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned

Advocates

Party Role
Plaintiff
Advocate Name
Vipina Prabhakar.R.K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K. A. Samad
Appearance Type
Main Counsel

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Acquittal of the accused under section 255(1) Cr.P.C.
Evidence:
The accused is found not guilty and she is acquitted.

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 Gokulam Chit & Finance Co Pvt Ltd vs Asmabi regarding cheque dishonour
Case Code Year
Case between Gokulam Chit & Finance Co Pvt Ltd vs Asmabi regarding cheque dishonour

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
Tue, 11/22/2011 - 12:00
Case Closed
Sat, 07/27/2013 - 12:00
From
Mon, 04/01/2013 - 12:00
To
Wed, 07/31/2013 - 12:00
Outcome Confidence
85%

Involved Entities

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