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S.T. No:154/2012

Case between Abdul Khader vs Abdul Hameed regarding cheque dishonour

Court
Court of Judicial First Class Magistrate -II
Judge
Sri. Biju. V. G
Order Date
2014-05-27
Duration
1 year
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Case Summary

Complainant Abdul Khader filed a case against accused Abdul Hameed for dishonour of a cheque issued for business purposes. The accused was found guilty and sentenced to 3 months simple imprisonment along with a compensation of Rs.2,80,000.

Judgment Outcome

Plaintiff Won
Interim Order
Accused found guilty of cheque dishonour under Section 138 of N.I. Act and sentenced to 3 months imprisonment with compensation of Rs.2,80,000.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.2,80,000 and 3 months simple imprisonment
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Final Judgment
No
Why Plaintiff Won:
Reason not clearly mentioned

Judgment Evidence:

In the result, the accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of 3 months and is directed to pay compensation of Rs.2,80,000 to the complainant u/s 357(3) of the Cr.P.C.

Parties Involved

Plaintiffs

Abdul Khader (Age not specified years) Koramkandathil House, Iringavoor amsom desom, Iringavoor P. O, Tirur Taluk

Defendants

Abdul Hameed (Age not specified years) Koorithodi house, Kattiparuthi amsom Vaikathoor desom, Valanchery PO, Tirur Taluk

Reliefs

Relief Type: Compensation
Outcome: Granted
Description:
Compensation of Rs.2,80,000 and 3 months simple imprisonment
Evidence:
Accused directed to pay the amount covered by the cheque with interest to the complainant.

Documents & Evidence

Document Type: Multiple
Submitted By: Plaintiff
Relevance:
Used as evidence in establishing the execution of the cheque and debt.
Reference:
Multiple including dated 25.11.2009 - Cheque No.415450, Memo from Kottakkal Co-operative Urban Bank Ltd, Memo from South Malabar Gramin Bank, Power of attorney, Lawyer notice, Postal Receipt, Return Notice, Agreement dated 26.5.2009 and 20.5.2006
Document Type: Nil
Submitted By: Defendant
Relevance:
Nil
Reference:
Nil

Quick Facts

Location
Tirur
Case Filed
Sun, 05/27/2012 - 12:00
Outcome Confidence
95%

Involved Entities

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