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S.T. No: 146/2017

Case between Mohammed Rafi vs Mohammed Shereef regarding U/s 138 of N.I. Act

Court
JUDICIAL FIRST CLASS MAGISTRATE-II
Judge
Jankish Narayanan
Order Date
2019-12-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a complaint filed by Mohammed Rafi against Mohammed Shereef for an offence under section 138 of Negotiable Instruments Act, related to bounced cheques.

Judgment Outcome

Plaintiff Won
Interim Order
Accused Mohammed Shereef is found guilty and sentenced to 2 months of simple imprisonment in each case.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Accused Mohammed Shereef is found guilty and sentenced to 2 months of simple imprisonment in each case.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Supporting Evidence

Judgment Evidence:

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mohammed Rafi
Party Age
47
Relation
S/o Kunhalan Master
Party Role
Defendant
Party Name
Mohammed Shereef
Party Age
46
Relation
S/o. Cheruvara Jamal Kutty
Plaintiffs Documents
Cheque No.176994 dated 19.12.2016, Cheque No.176995 dated 20.12.2016, Agreement dated 19.09.2016, Copy of Lawyer Notice dated 07.02.2017, Certified copy of award passed in O.S. No. 58/2018, Certified copy of award passed in O.S. No. 59/2018
Defendants Documents

Advocates

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Recovery of loan amount through judicial process
Evidence:
Convicted the accused under section 138 of the Negotiable Instruments Act
Relief Type: Possession
Outcome: Not Decided
Description:
Determining the possession rights related to the loan transaction
Evidence:

Documents & Evidence

Document Type: Cheque No.176995 for an amount of Rs.5,00,000/, drawn on the IDBI Bank, Tirur Branch
Submitted By: Plaintiff
Relevance:
Proved that the accused issued the cheque in discharge of debt
Reference:
Ext.P1
Document Type: Memo issued by the Corporation Bank, Tirur
Submitted By: Plaintiff
Relevance:
Proved that cheques were returned due to insufficient funds
Reference:
Ext.P2
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved that legal notice was sent to accused about cheque dishonor
Reference:
Ext.P3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of mailing legal notice
Reference:
null
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Proof of service of statutory notices on accused
Reference:
null
Document Type: Certified copy of the award passed in O.S. No. 58/2018
Submitted By: Plaintiff
Relevance:
Evidence of civil settlement between parties
Reference:
Exbt. P5
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Details of loan agreement between complainant and accused
Reference:
Exbt.P6
Document Type: Cheque No.176994 for an amount of Rs.5,00,000/, drawn on the IDBI Bank, Tirur Branch
Submitted By: Plaintiff
Relevance:
Proved that the accused issued the cheque in discharge of debt
Reference:
Ext.P7
Document Type: Memo issued by the Corporation Bank, Tirur
Submitted By: Plaintiff
Relevance:
Proved that cheques were returned due to insufficient funds
Reference:
Ext.P8
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved that legal notice was sent to accused about cheque dishonor
Reference:
Ext.P9

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 Rafi vs Mohammed Shereef regarding U/s 138 of N.I. Act
Case Code Year
Case between Mohammed Rafi vs Mohammed Shereef regarding U/s 138 of N.I. Act

Case Flags

Cheque-Related Case
Imprisonment Involved
Adalath Resolved
Out-of-Court Settlement
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
2 months

Quick Facts

Location
TIRUR
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 12/01/2019 - 12:00
To
Tue, 12/31/2019 - 12:00
Outcome Confidence
50%

Involved Entities

Private Individual

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