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ST No:44/2017

Case between Shaijal Babu vs Abdul Razak. T.K regarding U/s 138 of N.I. Act

Court
JUDICIAL FIRST CLASS MAGISTRATE -II, TIRUR
Judge
Jankish Narayanan
Order Date
2019-12-31
Duration

Judgement document from eCourt website

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Case Summary

Complaint by Shaijal Babu against Abdul Razak. T.K for issuing a bounced cheque. Accused acquitted due to lack of proof of debt.

Judgment Outcome

Defendant Won
Interim Order
Accused acquitted for lack of proof of debt.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

In the result, accused is acquitted under S. 255 (1) Criminal Procedure Code for the offence punishable under section 138 of the Negotiable Instruments Act.

Parties Involved

Plaintiffs

Shaijal Babu (41 years) Proprietor of Regal Exports, Kottampara, Edayour amsom desom, Edayoor North P.O, Tirur Taluk

Defendants

Abdul Razak. T.K (40 years) Tippu Samudram, Kaniyar Veettil House, Muthoor, Tirur P.O, Tirur Taluk

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by accused to complainant for payment
Reference:
Exbt.P1
Document Type: Pronote
Submitted By: Plaintiff
Relevance:
Document related to transaction between parties
Reference:
Document Type: Original Certificate of Importer-Exporter Code
Submitted By: Plaintiff
Relevance:
Evidence of complainant's business
Reference:
Exbt.P3
Document Type: Bank Memo
Submitted By: Plaintiff
Relevance:
Memo showing cheque bounce due to insufficient funds
Reference:
Exbt.P4
Document Type: Bank Memo
Submitted By: Plaintiff
Relevance:
Memo from Federal Bank about cheque bounce
Reference:
Exbt.P5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice informing accused of dishonored cheque
Reference:
Exbt.P6
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt of lawyer notice sent to accused
Reference:
Exbt.P6(a)
Document Type: Return Notice
Submitted By: Plaintiff
Relevance:
Notice returned as addressee left India
Reference:
Exbt.P7
Document Type: Passport
Submitted By: Defendant
Relevance:
Document showing defendant's travel dates
Reference:
Ext. D1

Quick Facts

Location
Tirur
Case Filed
Outcome Confidence
50%

Involved Entities

Private Individual

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