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
Judgment Favored
Plaintiff
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
Judgment Evidence:
Parties Involved
Plaintiffs
Mohammed Rafi (47 years years)
Vadakiniyakath Pullatt House, Iringavoor Amsom, Vaniyannur Desom, Tirur Taluk
Defendants
Mohammed Shereef (46 years years)
Behind Mangad Unity Auditorium, P.O Niramaruthur, Tirur Taluk
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