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S.T. No:49/2016

Case between Shihab vs Abdul Gafoor regarding cheque dishonour

Court
Court of Judicial First Class Magistrate -11
Judge
Smt. Vincy T.V.
Order Date
2017-07-14
Duration
1 year less duration of original complaint
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Case Summary

Complaint filed by Shihab against Abdul Gafoor for cheque dishonour under section 138 of N.I. Act. Accused acquitted due to company not being named as an accused and lack of evidence.

Judgment Outcome

Defendant Won
Interim Order
Accused acquitted of the offence of cheque dishonour under section 138 of the N.I. Act.
Judgment Favored
Defendant
Relief Granted
Not Guilty
Case Type
Cheque Dishonour - N.I. Act
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

The accused is acquitted under section 255(1) of Cr.P.C.

Parties Involved

Plaintiffs

Shihab (23 years) Vysyamparambil House, Ponmundom PO, Tirur Taluk

Defendants

Abdul Gafoor (Age not specified years) Cheeniyath House, Thirunavaya Amsam, Karathur Desam, PO Thirunavaya, Tirur Taluk

Reliefs

Relief Type: Cheque Dishonour
Outcome: Not Guilty
Description:
Complaint of cheque dishonour under section 138 of N.I. Act dismissed.
Evidence:
The accused is acquitted under section 255(1) of Cr.P.C.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque No.015529 for Rs.38,011/-
Reference:
Ext.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by SBT
Reference:
Ext.P2
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Memo issued by Canara Bank
Reference:
Ext.P3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Lawyer notice
Reference:
Ext.P4
Document Type: Acknowledgement
Submitted By: Plaintiff
Relevance:
Acknowledgement card
Reference:
Ext.P5
Document Type: Passbook
Submitted By: Plaintiff
Relevance:
Pass book
Reference:
Ext.P6

Quick Facts

Location
Tirur
Case Filed
Thu, 07/14/2016 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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