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S.T. No: 20/2018

Case between Mohammed vs Faizal regarding complaint under section 138 of the Negotiable Instruments Act.

Court
JUDICIAL FIRST CLASS MAGISTRATE -II, TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-08-21
Duration
1 year 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a complaint filed by Mohammed against Faizal for an alleged offence under section 138 of the Negotiable Instruments Act. The court found the accused not guilty as the complainant was consistently absent during the hearings.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the complaint due to the complainant's repeated absence without plausible explanation. The accused was acquitted as a result.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court dismissed the complaint due to the complainant's repeated absence without plausible explanation. The accused was acquitted as a result.
Key Reasoning:
The court determined that the complainant did not pursue the case diligently.
Why Defendant Won:
The court determined that the complainant did not pursue the case diligently.
Supporting Evidence
The complainant has been given several opportunities for adducing evidence. But, he remains absent on all these days and failed to obey the directions given by the Court.

Judgment Evidence:

In the result, the complaint is dismissed under S. 256 (1) Criminal Procedure Code.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mohammed
Party Age
34
Relation
S/o
Party Role
Defendant
Party Name
Faizal
Party Age
32
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P. Jabir
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Abdul Gafoor
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
The complaint filed by the complainant was dismissed due to his absence and failure to pursue the matter.
Evidence:
In the result, the complaint is dismissed under S. 256 (1) Criminal Procedure Code.

Documents & Evidence

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 vs Faizal regarding complaint under section 138 of the Negotiable Instruments Act.
Case Code Year
Case between Mohammed vs Faizal regarding complaint under section 138 of the Negotiable Instruments Act.

Case Flags

Cheque-Related Case
Adalath Resolved
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
Fri, 01/01/2016 - 12:00
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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