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S.T. 155/2017

Case between M. Abdulkhader Haji vs Muhammed Abdul Noor regarding offence under section 138 of the Negotiable Instruments Act

Court
Court of Judicial First Class Magistrate -II, Tirur
Judge
Jankish Narayanan
Order Date
2019-12-31
Duration

Judgement document from eCourt website

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Case Summary

Complaint filed by Abdulkhader Haji against Muhammed Abdul Noor for dishonour of a cheque. Accused found guilty of offence under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Plaintiff Won
Interim Order
Accused found guilty of offence under section 138 of the Negotiable Instruments Act.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.10,00,000 and imprisonment till the rising of the court
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
Evidence proved accused drew and issued a cheque in discharge of a debt

Judgment Evidence:

Parties Involved

Plaintiffs

M. Abdulkhader Haji (56 years) Amana, Kuttipuram amson desom, Kuttipuram P.O, Tirur Taluk, Malappuram

Defendants

Muhammed Abdul Noor (44 years) Kambala House, Kuttipuram amsom desom, Kuttipuram P.O, Tirur Taluk, Malappuram

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
Compensation of Rs.10,00,000/- awarded to complainant
Evidence:
Accused is directed to pay compensation of Rs.10,00,000/- to the complainant u/s 357 (3) of Cr.P.C.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by accused to complainant
Reference:
Exbt.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo showing cheque return due to insufficient funds
Reference:
Exbt.P2
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by Federal Bank regarding the cheque return
Reference:
Exbt.P3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Lawyer notice demanding payment of the cheque amount
Reference:
Exbt.P4
Document Type: Return Notice
Submitted By: Plaintiff
Relevance:
Notice returned as accused evaded receipt
Reference:
Exbt.P5
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Account details showing cheque encashment by accused
Reference:
Exbt.P6

Quick Facts

Location
Tirur
Case Filed
Outcome Confidence
90%

Involved Entities

Complainant

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