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ST. No.35/2014

Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque under section 138 of Negotiable Instruments Act

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

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Complainant, the proprietor of Auto Impex, alleged that the accused issued a cheque for Rs.3,00,000 for car accessories but it bounced due to insufficient funds. After a lengthy trial, the accused was acquitted under section 255(1) Cr.PC.

Judgment Outcome

Defendant Won
Interim Order
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.PC
Case Type
Criminal Case - Dishonour of Cheque
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned.
Why Defendant Won:
Supporting Evidence
The court found discrepancies in the complainant's evidence regarding the alleged transaction and the cheque's execution by the accused...

Judgment Evidence:

The complainant provided documentary evidence including the cheque, memo from the bank, lawyer notice, and registration certificate...

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, Ext.P3 Lawyer notice, Ext.P5 Registration Certificate of Auto Impex
Defendants Documents
Passport of the accused (Ext.D1)

Advocates

Reliefs

Relief Type: Dishonour of Cheque
Outcome: Acquittal
Description:
Accused found not guilty of offence u/s 138 of Negotiable Instruments Act and acquitted under sec 255(1) Cr.PC.
Evidence:
The court analyzed the evidence presented by both parties and found the complainant failed to prove...

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Proof of the cheque issued by the defendant for Rs.3,00,000
Reference:
Ext.P1
Document Type: Passport
Submitted By: Defendant
Relevance:
Evidence of the defendant's travel dates relevant to allegations in the case.
Reference:
Ext.D1

Case Classification

Case Type
Category
Cheque Bounce Cases
District
State
Court Establishment
Common Reasons
Case Code
Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque under section 138 of Negotiable Instruments Act
Case Code Year
Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque under section 138 of Negotiable Instruments Act

Quick Facts

Location
Manjeri, Tirur
District
State
Court Establishment
Case Filed
Wed, 02/10/2010 - 12:00
Case Closed
Tue, 08/05/2014 - 12:00
From
To
Outcome Confidence
%

Involved Entities

Private Individual

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