Case Summary
Complaint by M. Abdulkhader Haji against Muhammed Abdul Noor for dishonour of cheque. Accused found guilty under section 138 of Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Compensation of Rs.10,00,000/-
Case Type
Criminal Case
Final Judgment
No
Key Reasoning:
Accused failed to rebut the presumption. Complainant provided evidence of loan and dishonoured cheque.
Accused failed to rebut the presumption. Complainant provided evidence of loan and dishonoured cheque.
Judgment Evidence:
The accused is sentenced to undergo imprisonment till the raising of the court and pay compensation of Rs.10,00,000/- to the complainant.
Parties Involved
Plaintiffs
M. Abdulkhader Haji (56 years)
Amana, Kuttipuram amson desom, Kuttipuram P.O, Tirur Taluk, Malappuram
Power of Attorney Agent Sharafuneeza (Age not specified years)
Defendants
Muhammed Abdul Noor (44 years)
Kambala House, Kuttipuram amsom desom, Kuttipuram P.O, Tirur Taluk, Malappuram
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.10,00,000/- to complainant for cheque bounce
Evidence:
Accused sentenced to pay compensation under section 357(3) of Cr.P.C.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved accused issued cheque for legally enforceable debt
Reference:
Exbt.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Shows cheque bounced due to insufficient funds
Reference:
Exbt.P2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice demanding payment
Reference:
Exbt.P3
Document Type:
Office Copy
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued to accused for payment
Reference:
Exbt.P4
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Proof of accused evading receipt of notice
Reference:
Exbt.P5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of account transactions with accused
Reference:
Exbt.P6