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ST.28/2015

Case between Subair. C. vs Sulaiman regarding dishonour of cheque

Court
Court of Judicial First Class Magistrate-II
Judge
Sri. Biju. V.G
Order Date
2015-09-18
Duration
Approximately 4 years 11 months
Case Code No.
28
Case Closed
Fri, 09/18/2015 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complainant accused defendant of dishonoring a cheque issued for a legally enforceable debt. After trial, the court found the accused not guilty under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Defendant Won
Interim Order
The court found the accused not guilty under section 138 of the Negotiable Instruments Act.
Judgment Favored
Defendant
Relief Granted
Acquitted under section 255(1) of the Code of Criminal Procedure
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The court found the accused not guilty under section 138 of the Negotiable Instruments Act.
Key Reasoning:
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Supporting Evidence
Reason not clearly mentioned

Judgment Evidence:

In the result, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act and he is acquitted u/s 255(1) Cr.P.C. His bail bond stands cancelled and he is set at liberty.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Subair. C.
Party Age
25
Relation
S/o Muhammed Haji
Plaintiffs Documents
Ext.P1 - Cheque, Ext.P2 - Memo, Ext.P3 - Intimation, Ext.P4 - Lawyer notice, Ext.P5 - Postal receipt, Ext.P6 - Returned notice
Defendants Documents
Ext.D1 - Certified copy of passport

Advocates

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Accused acquitted under section 255(1) of the Code of Criminal Procedure
Evidence:
In the result, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act and he is acquitted u/s 255(1) Cr.P.C. His bail bond stands cancelled and he is set at liberty.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Dated 5.4.2013 - Cheque No. 041424 for Rs.5,00,000/- of Federal Bank, Puthanathani Branch
Reference:
Ext.P1
Document Type: Certified copy of passport
Submitted By: Defendant
Relevance:
Dated 26.10.2011
Reference:
Ext.D1

Case Classification

Case Type
Criminal Case - Cheque Dishonour
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
ST.
Case Code Year
2015

Case Flags

Cheque-Related Case
Adalath Resolved
Nature of Cheque Case

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 10/26/2011 - 12:00
Case Closed
Fri, 09/18/2015 - 12:00
From
Tue, 09/01/2015 - 12:00
To
Wed, 09/30/2015 - 12:00
Outcome Confidence
95%

Involved Entities

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