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S.T. No:199/2017

Case between Shaijal Babu vs Sidhique regarding offence under section 138 of Negotiable Instruments Act

Court
JUDICIAL FIRST CLASS MAGISTRATE -II
Judge
Sri. Jankish Narayanan
Order Date
2019-07-18
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a complaint filed by Shaijal Babu against Sidhique for allegedly committing an offence under section 138 of the Negotiable Instruments Act. The case revolves around a cheque issued by the accused, which was returned due to insufficient funds.

Judgment Outcome

Defendant Won
Interim Order
The court found the accused not guilty of the offence under section 138 of the Negotiable Instruments Act and acquitted him. The complainant failed to prove the transaction and issuance of the cheque.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court found the accused not guilty of the offence under section 138 of the Negotiable Instruments Act and acquitted him. The complainant failed to prove the transaction and issuance of the cheque.
Key Reasoning:
The complainant did not succeed in proving the debt or liability for which the cheque was issued.
Why Defendant Won:
The complainant did not succeed in proving the debt or liability for which the cheque was issued.
Supporting Evidence
The complainant has not succeeded in proving that Exbt.1 cheque was drawn, executed and delivered by the accused in discharge of a legally enforceable liability.

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.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shaijal Babu
Relation
S/o
Party Role
Defendant
Party Name
Sidhique
Relation
S/o
Plaintiffs Documents
Cheque No.422873 for Rs.9,50,000/, Memo issued by Federal Bank, Copy of Lawyer notice along with Postal Receipt, Postal Acknowledgement Card, Reply Notice, Account statement
Defendants Documents
Passport No. F 4964466

Advocates

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

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque allegedly issued by the accused towards repayment of a loan.
Reference:
Ext.P1
Document Type: Memorandum
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 statutory notice sent to the accused regarding the dishonour of the cheque.
Reference:
Ext.P3
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Evidence of delivery of the statutory notice to the accused.
Reference:
Ext.P4
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Reply from the accused denying the liability.
Reference:
Ext.P5
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Account statement used to substantiate the financial transaction.
Reference:
Ext.P6
Document Type: Passport
Submitted By: Defendant
Relevance:
Passport used to prove that the accused was not in India at the time the cheque was allegedly issued.
Reference:
Exbt.B1

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 Shaijal Babu vs Sidhique regarding offence under section 138 of Negotiable Instruments Act
Case Code Year
Case between Shaijal Babu vs Sidhique regarding offence under section 138 of Negotiable Instruments Act

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
85%

Involved Entities

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