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S.T. No:48/2016

Case between Dhanya.M vs Abdul Gafoor regarding dishonoured cheque

Court
Court of Judicial First Class Magistrate-11
Judge
Smt. Vincy T.V.
Order Date
2017-08-11
Duration
1 year 6 months

Judgement document from eCourt website

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Case Summary

Complaint filed by Dhanya.M against Abdul Gafoor for dishonour of cheque issued in connection with a chit transaction.

Judgment Outcome

Defendant Won
Interim Order
The accused was acquitted under section 255(1) Cr.P.C. due to lack of evidence proving the guilt.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
Key Reasoning:
Plaintiff failed to prove the accused issued the cheque towards a legally enforceable debt.

Judgment Evidence:

The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.

Parties Involved

Plaintiffs

Dhanya.M (29 years) Mundan palliyalil House, Kulamangalam, Kattiparuthi Amsam, Tirur Taluk

Defendants

Abdul Gafoor (43 years) Karathur PO, Kodakkal, Thirunavaya, Tirur Taluk - 676 108

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
The accused acquitted under section 255(1) Cr.P.C.
Evidence:
The accused is found not guilty of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence he is acquitted u/s 255(1) Cr.P.C.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque No.015537 for Rs.2,00,000/-
Reference:
Ext.P1
Document Type: Memorandum
Submitted By: Plaintiff
Relevance:
Memo issued by SBT
Reference:
Ext.P2
Document Type: Memorandum
Submitted By: Plaintiff
Relevance:
Memo issued by Canara Bank
Reference:
Ext.P3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Notice issued to accused
Reference:
Ext.P4
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt related to the transaction
Reference:
Ext.P5
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Acknowledgement card for transaction
Reference:
Ext.P6

Quick Facts

Location
Tirur
Case Filed
Thu, 02/11/2016 - 12:00
Outcome Confidence
95%

Involved Entities

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