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S.T. No:17/2016

Case between Shafi vs Jafar regarding Cheque Dishonour

Court
Court of Judicial First Class Magistrate -II, Tirur
Judge
Smt. Vincy T.V.
Order Date
2017-10-30
Duration
3 years
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Case Summary

Shafi as the complainant accused Jafar of issuing a dishonoured cheque of Rs.90,000, leading to an offence under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Plaintiff Won
Interim Order
The accused was found guilty of issuing a dishonoured cheque of Rs.90,000 and was sentenced to imprisonment until court-raising and pay compensation to the complainant.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.90,000 and simple imprisonment
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Why Plaintiff Won:
Reason not clearly mentioned

Judgment Evidence:

In the result, the accused is found guilty and convicted for the offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.90,000/- to the complainant u/s 357(3) of the Cr.P.C.

Parties Involved

Plaintiffs

Shafi (42 years) Chatheri House, Thalakkadathur PO, Tirur Taluk, Malappuram District

Defendants

Jafar (32 years) Thandath House, Thalakkadathur, P.O, Tirur Taluk, Malappuram District

Reliefs

Relief Type: Compensation and Imprisonment
Outcome: Granted
Description:
Compensation of Rs.90,000/- and simple imprisonment
Evidence:
In the result, the accused is found guilty and convicted for the offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.90,000/- to the complainant u/s 357(3) of the Cr.P.C.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Issued for repayment of the amount borrowed by the accused from the complainant.
Reference:
Ext.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by South Indian Bank Ltd regarding dishonour of the cheque.
Reference:
Ext.P2
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer notice issued to the accused.
Reference:
Ext.P3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt for issuing the notice under registered post.
Reference:
Ext.P4
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement related to the transaction.
Reference:
Ext.P6

Quick Facts

Location
Tirur
Case Filed
Mon, 09/01/2014 - 12:00
Outcome Confidence
100%

Involved Entities

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