ST.112/2012

Case between Shajahan vs Noushad Babu regarding dishonored cheque

Court

Court of Judicial First Class Magistrate-II, Tirur

Judge

Sri.Biju. V.G

Order Date

2014-01-10

Duration

4 years

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Case Summary

Complaint filed under section 138 of the Negotiable Instruments Act for dishonor of a cheque issued towards a legally enforceable debt.

Judgment Outcome

Defendant Won

Interim Order

The accused was acquitted of the offence under section 138 of the Negotiable Instruments Act due to lack of evidence proving the issuance and execution of the cheque.

Judgment Favored

Defendant

Relief Granted

Acquittal under section 255(1) of the Code of Criminal Procedure

Case Type

Criminal Case - Cheque Bounce

Final Judgment

Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

On the basis of the foregoing discussions and evidence on record, I hold a view that the complainant failed to establish that the accused executed and issued Ext.P1 cheque in discharge of legally enforceable debt of Rs.2,50,000/-to the complainant and thus the accused has committed an offence punishable u/s 138 of the Negotiable Instruments Act.

Parties Involved

Plaintiffs

Shajahan (Age not specified years) Mangotti House, Kott. P.O, Tirur

Defendants

Noushad Babu (Age not specified years) Vadakkedath House, P.O. K. Puram, Tanur police station

Reliefs

Relief Type: Acquittal

Outcome: Granted

Description:

Defendant acquitted of the offence under section 138 of the Negotiable Instruments Act

Evidence:

Accused found not guilty of the offence punishable u/s 138 of the Negotiable Instruments Act and acquitted u/s 255(1) Cr.PC.

Documents & Evidence

Document Type: Cheque, Memos, Notices

Submitted By: Plaintiff

Relevance:

Documents relating to the issuance, dishonor, and notice of the cheque.

Reference:

Exts.P1 to P6

Document Type: Not available

Submitted By: Defendant