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
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
Accused found guilty of offence under section 138 of the Negotiable Instruments Act.
Why Plaintiff Won:
Evidence proved accused drew and issued a cheque in discharge of a debt
Evidence proved accused drew and issued a cheque in discharge of a debt
Losing Side's Weaknesses:
Evidence proved accused drew and issued a cheque in discharge of a debt
Evidence proved accused drew and issued a cheque in discharge of a debt
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Abdulkhader Haji
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammed Abdul Noor
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Cheque No.177862 for Rs.10,00,000, Memo issued by Syndicate Bank, Memo issued by Federal Bank, Copy of Lawyer notice, Postal Receipt, Statement of Account from 01-01-2008 to 31-12-2008
Defendants Documents
Advocates
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
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2017
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
4 months