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ST Case No.34 of 2015

Case between Jayakumar vs Abdul Azeez regarding dishonored cheque

Court
Judicial First Class Magistrate-II, Tirur
Judge
Sri. Biju V.G.
Order Date
2015-08-24
Duration
6 years 1 month 1 day
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Case Summary

Complainant Jayakumar accused Abdul Azeez of issuing a dishonored cheque for repayment of a loan, resulting in a legal case under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Plaintiff Won
Interim Order
The court found Abdul Azeez guilty of the offense under section 138 of the Negotiable Instruments Act for issuing a dishonored cheque.
Judgment Favored
Plaintiff
Relief Granted
3 months simple imprisonment, payment of Rs. 1,85,500 as compensation to the complainant under section 357(3) of Cr.P.C
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
Why Plaintiff Won:
The complainant successfully proved that Abdul Azeez issued the dishonored cheque in discharge of a debt, while the accused failed to provide a consistent defence.

Judgment Evidence:

On the basis of the foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of a legally enforceable debt of Rs.1,85,500 to the complainant

Parties Involved

Plaintiffs

Jayakumar (Age not specified years) Mandalaparambil House, Alathiyoor P. O, Tirur Taluk, Malappuram District

Defendants

Abdul Azeez (47 years) Puthuveettil House, Tirur Taluk, Vengalur desom, Vengalur P.O

Reliefs

Relief Type: Imprisonment and Compensation
Outcome: Granted
Description:
Accused sentenced to 3 months imprisonment and directed to pay compensation of Rs. 1,85,500 to the complainant
Evidence:
Complainant successfully established that the accused issued the cheque in discharge of a debt and committed the offense under section 138 of the NI Act.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Evidence of the cheque issued by the accused
Reference:
Ext.P1
Document Type: Legal Notices
Submitted By: Plaintiff
Relevance:
Proof of lawyer notice sent to the accused demanding payment
Reference:
Ext.P4

Quick Facts

Location
Tirur, Malappuram District
Case Filed
Fri, 12/18/2009 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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