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ST. No: 146/2017

Case between Mohammed Rafi vs Mohammed Shereef regarding U/s 138 of N.I. Act

Court
JUDICIAL FIRST CLASS MAGISTRATE - II, TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-12-16
Duration
2 years

Judgement document from eCourt website

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Case Summary

Complaint filed by Mohammed Rafi against Mohammed Shereef for dishonour of cheques under section 138 of Negotiable Instruments Act.

Judgment Outcome

Plaintiff Won
Interim Order
Accused found guilty under section 138 of the Negotiable Instruments Act and sentenced to 2 months of simple imprisonment in two separate cases.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
Execution of the cheques were proved by the complainant and Insufficient funds in accused's account were shown.

Judgment Evidence:

null

Parties Involved

Plaintiffs

Mohammed Rafi (47 years years) Pullatt House, Iringavoor Amsom, Vaniyannur Desom, Tirur Taluk

Defendants

Mohammed Shereef (46 years years) Behind Mangad Unity Auditorium, P.O Niramaruthur, Tirur Taluk

Documents & Evidence

Document Type: Cheque No.176995 for an amount of Rs.5,00,000/
Submitted By: Plaintiff
Relevance:
Proves issuance of a cheque by the accused
Reference:
Ext.P1
Document Type: Cheque No.176994 for an amount of Rs.5,00,000/
Submitted By: Plaintiff
Relevance:
Proves issuance of a cheque by the accused
Reference:
Ext.P7
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Document executed between complainant and accused
Reference:
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notices informing dishonour of cheques and demanding payment
Reference:
Exbt.P3, Exbt.P9
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Provides evidence of notice service on the accused
Reference:
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of notice receipt by the accused
Reference:
Document Type: Certified copy of the award passed in O.S. No. 58/2018 and O.S. No. 59/2018
Submitted By: Plaintiff
Relevance:
Settlement agreements between parties
Reference:
Exbt.P5 series, Exbt.P11 series

Quick Facts

Location
Case Filed
Outcome Confidence
80%

Involved Entities

Private Individual

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