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S.T. No:33/2015

Case between E.M.Purushothaman vs Baiju regarding cheque dishonour under Negotiable Instruments Act

Court
Court of Judicial First Class Magistrate-II
Judge
Smt. Vincy T.V.
Order Date
2017-12-21
Duration
Approximately 4 years
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Case Summary

Complainant, E.M.Purushothaman, accused Baiju involved in a cheque dishonour case under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Defendant Won
Interim Order
The accused, Baiju, was acquitted under section 255(1) Cr.P.C. as he was found not guilty of the offence u/s 138 of the Negotiable Instruments Act.
Judgment Favored
Defendant
Relief Granted
Acquittal under section 255(1) Cr.P.C.
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Key Reasoning:
The complainant failed to establish that the accused executed and issued the cheque in discharge of a legally enforceable debt, resulting in the accused being acquitted.

Judgment Evidence:

The accused is acquitted u/s 255(1) Cr.PC.

Parties Involved

Plaintiffs

E.M.Purushothaman (49 years) E.P.Narayanan Bhatttathirioppadu, Edayur mana, Ozhur Po, Tirur Taluk, Malappuram Dt

Defendants

Baiju (Age not specified years) Palleri House, Pachathiri Po, Tirur

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Acquittal of accused Baiju under section 255(1) Cr.P.C.
Evidence:
The accused is acquitted u/s 255(1) Cr.PC.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The cheque submitted by the complainant
Reference:
Exhibit P1
Document Type: Promise document
Submitted By: Plaintiff
Relevance:
Promise document dated 2-12-12
Reference:
Exhibit P6
Document Type: FIR Copy
Submitted By: Defendant
Relevance:
Copy of FIR No. 648/2013 against the accused
Reference:
D1

Quick Facts

Location
Tirur
Case Filed
Sat, 12/21/2013 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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