Case Summary
This case involves a complaint filed by Abdu Rahman against Mohammed A. C for the dishonor of a cheque issued under section 138 of the Negotiable Instruments Act. The complainant alleges that the cheque was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,15,000/-
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
The complainant successfully proved the execution of the cheque and the legal enforceability of the debt.
The complainant successfully proved the execution of the cheque and the legal enforceability of the debt.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.115,000/- (Rupees One Lakh and Fifteen Thousand only)...
Parties Involved
Plaintiffs
Abdu Rahman (48 years years)
Thayyil House, Nerala P.O, Valavannur, Tirur Pin 676 551
Defendants
Mohammed A. C (Age not specified years)
Koottamangalam, P.O Muttil, Wayanad, PIN: 673 122
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid by the accused to the complainant.
Evidence:
Accused is directed to pay compensation of Rs.1,15,000/- to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment in case of default in payment of compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a period of 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused for discharging a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Bank Memorandum
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque was returned due to insufficient funds.
Reference:
Ext.P2
Document Type:
Bank Memorandum
Submitted By:
Plaintiff
Relevance:
Another memorandum issued related to the cheque presented.
Reference:
Ext.P3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the accused demanding payment of the cheque amount.
Reference:
Ext.P4 (a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the delivery of the lawyer's notice to the accused.
Reference:
Ext.P4 (b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer's notice by the accused.
Reference:
Ext.P5
Document Type:
Receipts
Submitted By:
Defendant
Relevance:
Documents claimed by the accused to show payments made towards the alleged loan.
Reference:
Exbt.D1 to D5