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ST.8/2014

Case between Haris.T.E. vs Semeer regarding cheque dishonour

Court
Court of Judicial First Class Magistrate-II, Tirur
Judge
Sri. Biju.V.G
Order Date
2016-04-19
Duration
3 years 3 months
Case Code No.
8
Case Closed
Tue, 04/19/2016 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complaint filed against accused for dishonouring a cheque issued to the complainant. Accused found guilty and sentenced to pay a fine of Rs.4,00,000 or face 5 months of simple imprisonment.

Judgment Outcome

Plaintiff Won
Interim Order
Accused found guilty of cheque dishonour under Section 138 of NI Act, sentenced to pay fine of Rs.4,00,000 or face 5 months imprisonment.
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.4,00,000 under Section 357(3) Cr.P.C.
Case Type
Civil Suit - Cheque Dishonour
Final Judgment
No
Accused found guilty of cheque dishonour under Section 138 of NI Act, sentenced to pay fine of Rs.4,00,000 or face 5 months imprisonment.
Why Plaintiff Won:
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
Losing Side's Weaknesses:
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
Supporting Evidence
In a prosecution for offence u/s 138 of N.I.Act, the burden is on the complainant to prove that there was legally enforceable debt or liability...

Judgment Evidence:

The accused is found guilty and convicted for the offence punishable u/s 138 of the Negotiable Instruments Act...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Haris.T.E.
Party Age
39
Relation
Son of Abdu Rahiman
Party Role
Defendant
Party Name
Semeer
Party Age
38
Relation
Son of Dr. Mohammedali
Plaintiffs Documents
Ext.P1 - Cheque, Ext.P2 - Memo from IDBI, Ext.P4 - Lawyer Notice
Defendants Documents
D1- Certified copy of Passport No.E 4928161, D2- Certified copy of Passport No.K 4043159

Advocates

Reliefs

Relief Type: Recovery
Outcome: Unknown
Description:
Recovery of the cheque amount through fine or imprisonment
Evidence:
Accused found guilty of cheque dishonour under Section 138 of NI Act, sentenced to pay a fine or face imprisonment.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the accused
Reference:
Ext.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo from IDBI Bank regarding cheque bounce
Reference:
Ext.P2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice sent to accused demanding payment of cheque amount
Reference:
Ext.P4
Document Type: Certified copy of passport
Submitted By: Defendant
Relevance:
Accused's passport submitted as evidence
Reference:
D1
Document Type: Certified copy of passport
Submitted By: Defendant
Relevance:
Another copy of Accused's passport submitted as evidence
Reference:
D2

Case Classification

Case Type
Civil Suit - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
ST.
Case Code Year
2014

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
Sun, 01/27/2013 - 12:00
Case Closed
Tue, 04/19/2016 - 12:00
From
Fri, 04/01/2016 - 12:00
To
Sat, 04/30/2016 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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