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S.T. No:61/2015

Case between Mohammed Musthafa vs Nazar Poozhikunnath regarding cheque dishonor

Court
COURT OF JUDICIAL FIRST CLASS MAGISTRATE -11
Judge
Smt. Vincy T.V.
Order Date
2017-02-25
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The complainant, Mohammed Musthafa, has filed a case against the accused, Nazar Poozhikunnath, under Section 138 of the Negotiable Instruments Act for issuing a cheque that was returned due to insufficient funds. The court acquitted the accused after determining that the complainant failed to prove the issuance of the cheque in relation to a legally enforceable debt.

Judgment Outcome

Defendant Won
Interim Order
The accused was acquitted of the charges under Section 138 of the Negotiable Instruments Act because the court found the complainant's evidence insufficient to establish the case.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was acquitted of the charges under Section 138 of the Negotiable Instruments Act because the court found the complainant's evidence insufficient to establish the case.
Key Reasoning:
The complainant failed to prove that the cheque was issued for a legally enforceable debt.
Why Defendant Won:
Not available
Supporting Evidence
The complainant has failed to prove that Exhibit P1 cheque was issued by the accused for consideration and in discharge of liability.

Judgment Evidence:

In the result, the accused is acquitted u/s 255(1) CrPC for the offence u/s 138 of The Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mohammed Musthafa
Relation
S/o
Party Role
Defendant
Party Name
Nazar Poozhikunnath
Relation
S/o
Plaintiffs Documents
Cheque No.005835 dated 28.11.2013, Memo issued by Vijaya Bank, Copy of lawyer notice and Postal receipt, Lawyer notice returned with endorsement 'addressee left India', Account details, Account Statement of SBT.
Defendants Documents
Report of Regional Forensic Science Laboratory.

Advocates

Party Role
Plaintiff
Advocate Name
T.P Abdul Jabbar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Mujeeb Rahiman
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Accused is acquitted of the charge under Section 138 of N.I. Act.
Evidence:
Therefore, I find the accused not guilty for the said offence.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the accused to the complainant for repayment of borrowed amount.
Reference:
Ext.P1
Document Type: F.S.L Report
Submitted By: Court
Relevance:
Report comparing the questioned signature on the cheque with standard specimens.
Reference:
Ext.X1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Document issued by the bank regarding the dishonour of the cheque.
Reference:
Ext.P2
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer's notice sent to the accused after the cheque was dishonoured.
Reference:
Ext.P3(a,b)
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Lawyer notice returned with the endorsement 'addressee left India'.
Reference:
Ext.P4
Document Type: Account Details
Submitted By: Plaintiff
Relevance:
Details of the accused's bank account.
Reference:
Ext.P5
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Statement of account of the accused showing transactions.
Reference:
Ext.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
Case between Mohammed Musthafa vs Nazar Poozhikunnath regarding cheque dishonor
Case Code Year
Case between Mohammed Musthafa vs Nazar Poozhikunnath regarding cheque dishonor

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
TIRUR
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Wed, 02/01/2017 - 12:00
To
Sat, 02/28/2026 - 12:00
Outcome Confidence
100%

Involved Entities

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