ST.No. 103/2023

Case between Sunitha vs Niyas Aliyarukunju regarding Offence punishable under section 138 of the Negotiable Instruments Act

Court
COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS – V, KOLLAM
Judge
Smt. Sofia T.A.
Order Date
2025-08-29
Duration
approximately-2 years 9 months
Case Code No.
103
Case Closed
Fri, 08/29/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The complainant, Sunitha, filed a complaint against the accused, Niyas Aliyarukunju, alleging that he issued a cheque that was dishonoured due to insufficient funds. The case was dismissed as the complainant failed to appear to prosecute the case.

Judgment Outcome

Defendant Won
Interim Order
The complaint was dismissed, and the accused was acquitted due to the absence of the complainant.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The complaint was dismissed, and the accused was acquitted due to the absence of the complainant.
Key Reasoning:
The complainant did not appear to prosecute the case despite multiple opportunities.
Why Defendant Won:
The complainant did not appear to prosecute the case despite multiple opportunities.
Supporting Evidence
In the light of above referred decisions and considering the facts of the case and it’s proceedings, it is presumed that complainant is not interested in prosecuting the case.

Judgment Evidence:

The complaint is dismissed under section 256 (1) of Cr.P.C. and resultantly the accused is acquitted. The accused is set at liberty and the bail bond executed by him shall stand cancelled.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sunitha
Party Role
Defendant
Party Name
Niyas Aliyarukunju
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Smt. Ambili
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. A.M. Azim
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
The complaint was dismissed under section 256(1) of Cr.P.C.
Evidence:
The complaint is dismissed under section 256 (1) of Cr.P.C. and resultantly the accused is acquitted.

Documents & Evidence

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST.NO.
Case Code Year
2023

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Thu, 11/03/2022 - 12:00
Case Closed
Fri, 08/29/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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