Calendar Case No.35 of 2014

Case between Muhamed Shaji vs Mayaboob.C regarding dishonour of cheque

Court

Court of Judicial First Class Magistrate II, Tirur

Judge

Sri. Biju. V.G

Order Date

2014-08-05

Duration

4 years 8 months 20 days

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Case Summary

Complaint filed against accused for issuing a cheque towards payment which was returned due to insufficient funds.

Judgment Outcome

Defendant Won

Interim Order

Complainant failed to establish that accused issued the cheque in discharge of a debt, resulting in acquittal of the accused.

Judgment Favored

Defendant

Relief Granted

Acquittal under section 255(1) Cr.PC

Case Type

Criminal Case - Section 138 of Negotiable Instruments Act

Final Judgment

Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

On the basis of my findings on point Nos.1 and 2, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Parties Involved

Plaintiffs

Muhamed Shaji (42 years) Proprietor, Auto Impex, B.P.Angadi, Thalakkad, Tirur Taluk, Malappuram District.

Defendants

Mayaboob.C (Age not specified years) Cheruparambil House, Thozhuvancor (P.O), Valancheri, Kavumpuram, Malappuram District.

Reliefs

Relief Type: Acquittal

Outcome: Granted

Description:

Accused acquitted under section 255(1) Cr.PC

Evidence:

On the basis of my findings on point Nos.1 and 2, the accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act.

Documents & Evidence

Document Type: Cheque

Submitted By: Plaintiff

Relevance:

Dated: 15.10.2009- Cheque No.303058 for Rs.3,00,000/- of SBTBank

Reference:

Ext.P1

Document Type: Passport

Submitted By: Defendant