S.T. No:49/2016

Case between Shihab vs Abdul Gafoor regarding cheque dishonour

Court
Court of Judicial First Class Magistrate -11
Judge
Smt. Vincy T.V.
Order Date
2017-07-14
Duration
1 year less duration of original complaint
Case Closed
Fri, 07/14/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Complaint filed by Shihab against Abdul Gafoor for cheque dishonour under section 138 of N.I. Act. Accused acquitted due to company not being named as an accused and lack of evidence.

Judgment Outcome

Defendant Won
Interim Order
Accused acquitted of the offence of cheque dishonour under section 138 of the N.I. Act.
Judgment Favored
Defendant
Relief Granted
Not Guilty
Case Type
Cheque Dishonour - N.I. Act
Final Judgment
No
Accused acquitted of the offence of cheque dishonour under section 138 of the N.I. Act.
Key Reasoning:
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Supporting Evidence
Not available

Judgment Evidence:

The accused is acquitted under section 255(1) of Cr.P.C.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shihab
Party Age
23
Relation
S/o Mohammed
Party Role
Defendant
Party Name
Abdul Gafoor
Plaintiffs Documents
Cheque No.015529 for Rs.38,011/-, Memos, Lawyer notice, Acknowledgement card, Passbook
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Cheque Dishonour
Outcome: Not Guilty
Description:
Complaint of cheque dishonour under section 138 of N.I. Act dismissed.
Evidence:
The accused is acquitted under section 255(1) of Cr.P.C.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque No.015529 for Rs.38,011/-
Reference:
Ext.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by SBT
Reference:
Ext.P2
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by Canara Bank
Reference:
Ext.P3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Lawyer notice
Reference:
Ext.P4
Document Type: Acknowledgement
Submitted By: Plaintiff
Relevance:
Acknowledgement card
Reference:
Ext.P5
Document Type: Passbook
Submitted By: Plaintiff
Relevance:
Pass book
Reference:
Ext.P6

Case Classification

Case Type
Cheque Dishonour - N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Shihab vs Abdul Gafoor regarding cheque dishonour
Case Code Year
Case between Shihab vs Abdul Gafoor 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
Thu, 07/14/2016 - 12:00
Case Closed
Fri, 07/14/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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