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Calendar Case No.35 of 2014

Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque

Court
Court of Judicial First Class Magistrate II, Tirur
Judge
Sri. Biju. V.G
Order Date
2014-08-05
Duration
4 years 8 months 20 days
Case Closed
Tue, 08/05/2014 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complaint filed against accused for issuing a cheque towards payment which was returned due to insufficient funds.

Judgment Outcome

Defendant Won
Interim Order
Complainant failed to establish that accused issued the cheque in discharge of a debt, resulting in acquittal of the accused.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.PC
Case Type
Criminal Case - Section 138 of Negotiable Instruments Act
Final Judgment
No
Complainant failed to establish that accused issued the cheque in discharge of a debt, resulting in acquittal of the accused.
Key Reasoning:
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Supporting Evidence
Since there is no acceptable evidence regarding the alleged transaction and execution of Ext. P1 cheque by the accused, it is not necessary to probe into the case set up by the accused.

Judgment Evidence:

On the basis of my findings on point Nos.1 and 2, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muhamed Shaji
Party Age
42
Relation
S/o Abdu Rehman
Party Role
Defendant
Party Name
Mayaboob.C
Relation
S/o Ibrahim
Plaintiffs Documents
Ext.P1- Cheque, Ext.P2- Memo issued by SBT Bank, Ext.P3- Copy of lawyer notice, Ext.P3(a)- Postal receipt, Ext.P5- Registration certificate of Auto Impex
Defendants Documents
D1- Passport of the accused

Advocates

Party Role
Plaintiff
Advocate Name
Sri C. Muhammed Ashraf and V.V.Binu
Appearance Type
Main Counsel
Law Firm
Tirur
Party Role
Defendant
Advocate Name
Sri. E.K. Ashraf Sulaiman
Appearance Type
Main Counsel
Law Firm
Tirur

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Accused acquitted under section 255(1) Cr.PC
Evidence:
On the basis of my findings on point Nos.1 and 2, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Dated: 15.10.2009- Cheque No.303058 for Rs.3,00,000/- of SBTBank
Reference:
Ext.P1
Document Type: Passport
Submitted By: Defendant
Relevance:
Reference:
D1

Case Classification

Case Type
Criminal Case - Section 138 of Negotiable Instruments Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Execution of cheque not proved
Case Code
Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque
Case Code Year
Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Manjeri, Malappuram District
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 02/10/2010 - 12:00
Case Closed
Tue, 08/05/2014 - 12:00
From
Fri, 08/01/2014 - 12:00
To
Sun, 08/31/2014 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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