S.T. No:5/2016

Case between Yoosef Manu vs Nazer regarding dishonoured cheque

Court
Court of Judicial First Class Magistrate - II, Tirur
Judge
Smt. Vincy T.V. B.A, L.B.
Order Date
2017-11-17
Duration
3 years
Case Closed
Fri, 11/17/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Yoosef Manu accused Nazer of committing an offense under the Negotiable Instrument Act section 138 by dishonouring a cheque. The accused was acquitted as the complainant was repeatedly absent for cross-examination.

Judgment Outcome

Defendant Won
Interim Order
The accused was acquitted under section 256(1) of the Cr.P.C.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 256(1) of Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Final Judgment
No
The accused was acquitted under section 256(1) of the Cr.P.C.
Key Reasoning:
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Supporting Evidence
Accused present. Complainant absent. Name of the complainant called absent. No representation. Since it is posted for cross-examination of complainant and repeated opportunity were given for his appearance, I am inclined to acquit the accused u/s. 256 (1) Cr.P.C.

Judgment Evidence:

In the result, the accused is acquitted. u/s. 256(1) Cr.P.C.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Yoosef Manu
Relation
S/o
Party Role
Defendant
Party Name
Nazer
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Abdul Jabbar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Mujeeb Rahman
Appearance Type
Main Counsel

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Accused acquitted under section 256(1) of the Cr.P.C.
Evidence:
In the result, the accused is acquitted. u/s. 256(1) Cr.P.C.

Documents & Evidence

Case Classification

Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Yoosef Manu vs Nazer regarding dishonoured cheque
Case Code Year
Case between Yoosef Manu vs Nazer regarding dishonoured cheque

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
Fri, 05/16/2014 - 12:00
Case Closed
Fri, 11/17/2017 - 12:00
From
Wed, 11/01/2017 - 12:00
To
Thu, 11/30/2017 - 12:00
Outcome Confidence
100%

Involved Entities

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