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S.T. No:151/2015

Case between Shoukathali vs N.Abdul Rafeeque regarding dishonour of cheque

Court
Court of Judicial First Class Magistrate -II, Tirur
Judge
Smt. Vincy T.V.
Order Date
2017-07-25
Duration
2 years
Case Closed
Tue, 07/25/2017 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Complainant filed a case against the accused for dishonour of cheque issued as part of a settlement in a compound petition after accused failed to repay a loan received for a partnership in a business.

Judgment Outcome

Defendant Won
Interim Order
The accused was acquitted under section 255(1) Cr.P.C. for not guilty plea in a case involving the dishonour of a cheque.
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
The accused was acquitted under section 255(1) Cr.P.C. for not guilty plea in a case involving the dishonour of a cheque.
Key Reasoning:
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Supporting Evidence
Not available

Judgment Evidence:

The accused was acquitted under section 255(1) Cr.P.C. His bail bond stands cancelled and he is set at liberty.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shoukathali
Party Age
45
Relation
S/o. Sirajudheen Haji
Party Role
Defendant
Party Name
N.Abdul Rafeeque
Party Age
44
Relation
S/o Mohammed
Plaintiffs Documents
Certified copy of FIR, Certified copy of final report, Legal Service compromise document, Order of Lok Adalat, Cheque copy, Memo by SBI, Legal notice, Acknowledgement card
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Mujeeb Rahiman.V
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Najmudheen.P
Appearance Type
Main Counsel

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Acquittal of defendant under section 255(1) Cr.P.C.
Evidence:
The accused was acquitted under section 255(1) Cr.P.C. His bail bond stands cancelled and he is set at liberty.

Documents & Evidence

Document Type: Certified copy of FIR
Submitted By: Plaintiff
Relevance:
FIR documentation for the case.
Reference:
Ext.P1
Document Type: Certified copy of final report
Submitted By: Plaintiff
Relevance:
Final report documentation against the accused.
Reference:
Ext.P2
Document Type: Legal Service compromise document
Submitted By: Plaintiff
Relevance:
Legal service compromise document for settlement.
Reference:
Ext.P3
Document Type: Order of Lok Adalat
Submitted By: Plaintiff
Relevance:
Order from Lok Adalat acquitting the accused.
Reference:
Ext.P4
Document Type: Cheque Copy
Submitted By: Plaintiff
Relevance:
Copy of the cheque issued by the accused.
Reference:
Ext.P5
Document Type: Memo by SBI
Submitted By: Plaintiff
Relevance:
Memo issued by SBI for cheque dishonour.
Reference:
Ext.P6
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Legal notice issued to the accused.
Reference:
Ext.P7
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Acknowledgement card for receipt.
Reference:
Ext.P8

Case Classification

Case Type
Criminal Case - Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dishonour of cheque
Case Code
Case between Shoukathali vs N.Abdul Rafeeque regarding dishonour of cheque
Case Code Year
Case between Shoukathali vs N.Abdul Rafeeque regarding dishonour of cheque

Case Flags

Cheque-Related Case
Adalath Resolved
Out-of-Court Settlement
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 07/25/2015 - 12:00
Case Closed
Tue, 07/25/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
90%

Involved Entities

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