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
The accused, Mohammed A. C, was found guilty of issuing a cheque that was dishonored due to insufficient funds. He was sentenced to imprisonment and ordered to pay compensation to the complainant.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The evidence of PW1 coupled with Exbt. P1 to P4 is sufficient to conclude that accused had drawn and issued Ext.P1 cheque for a legally enforceable 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
Parties
- Party Role
- Plaintiff
- Party Name
- Abdu Rahman
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed A. C
- Relation
- H/o
Plaintiffs Documents
Cheque No.004753 for Rs.1,15,000/-, Memo issued by Central Bank of India, Copy of Lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T. Alihassan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A.M. Sudheesh Kumar
- Appearance Type
- Main Counsel
- Law Firm
- Calicut
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
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Abdu Rahman vs Mohammed A. C regarding cheque dishonor
Case Code Year
Case between Abdu Rahman vs Mohammed A. C regarding cheque dishonor
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months