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S.T. No: 74/2017

Case between Abdul Gafoor vs Mustaffa regarding cheque dishonour

Court
Court of Judicial First Class Magistrate-II
Judge
Smt. Vincy T.V.
Order Date
2018-05-14
Duration
5 years
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Case Summary

Abdul Gafoor filed a complaint against Mustaffa for issuing a cheque that was dishonoured due to insufficient funds, leading to a legal case under section 138 of the Negotiable Instrument Act.

Judgment Outcome

Defendant Won
Interim Order
Abdul Gafoor failed to prove that Mustaffa issued the cheque for a legally enforceable debt, resulting in Mustaffa being acquitted under section 255(1) Cr.P.C.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Final Judgment
No
Key Reasoning:
Abdul Gafoor failed to substantiate his claim that the cheque issued by Mustaffa was towards a legally enforceable debt, leading to the acquittal of Mustaffa.

Judgment Evidence:

In the result 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

Abdul Gafoor (57 years) Kuttippilakkal House, Cheriyamundam Amsam, Thalakkadathur Desam, Tirur Taluk

Defendants

Mustaffa (38 years) Mandakathingal House

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Acquittal under section 255(1) Cr.P.C.
Evidence:
In the result 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 dated 31-05-2012
Reference:
P1
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Lawyer notice dated 03-08-2012
Reference:
P4
Document Type: Identification Document
Submitted By: Defendant
Relevance:
Passport documents
Reference:
D1

Quick Facts

Location
Tirur
Case Filed
Fri, 05/25/2012 - 12:00
Outcome Confidence
95%

Involved Entities

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