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S.T. No:187/2017

Case between Moideenkutty vs Jaseer regarding cheque dishonour.

Court
COURT OF JUDICIAL FIRST CLASS MAGISTRATE -II
Judge
Sri. Jankish Narayanan
Order Date
2019-07-22
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Moideenkutty filed a complaint against Jaseer for dishonouring a cheque issued for a loan. The court found the accused not guilty due to lack of evidence supporting the complainant's claims.

Judgment Outcome

Defendant Won
Interim Order
The accused was acquitted as the complainant failed to provide sufficient evidence of the debt or the existence of a legally enforceable liability.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was acquitted as the complainant failed to provide sufficient evidence of the debt or the existence of a legally enforceable liability.
Key Reasoning:
The complainant could not prove that the cheque was issued for a legally enforceable debt.
Why Defendant Won:
The complainant could not prove that the cheque was issued for a legally enforceable debt.
Supporting Evidence
The complainant failed to prove the existence of legal liability or the debt in between the complainant and the accused.

Judgment Evidence:

In the result, accused is acquitted under S. 255 (1) Criminal Procedure Code for the offence punishable under section 138 of the Negotiable Instruments Act. He is set at liberty.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Moideenkutty
Relation
S/o
Party Role
Defendant
Party Name
Jaseer. P.T
Relation
S/o
Plaintiffs Documents
Cheque No.198789 for Rs.1,05,000/-, Memo issued by Federal Bank, Copy of Lawyer notice along with Postal Receipt.
Defendants Documents
Passport No. N 3030652

Advocates

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

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the accused to the complainant for the alleged loan amount.
Reference:
Ext.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by the bank indicating that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of the notice sent to the accused demanding payment for the dishonoured cheque.
Reference:
Ext.P3
Document Type: Postal Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Evidence of service of the statutory notice on the accused.
Reference:
Ext.P4
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Reply notice sent by the accused responding to the demand for payment.
Reference:
Ext.P5
Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Certified copy of the document related to the transaction.
Reference:
Ext.P6
Document Type: Passport
Submitted By: Defendant
Relevance:
Passport presented by the accused to prove he was abroad during the time of the alleged loan.
Reference:
Exbt.D1

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 Moideenkutty vs Jaseer regarding cheque dishonour.
Case Code Year
Case between Moideenkutty vs Jaseer regarding cheque dishonour.

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
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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