Case Summary
Abdul Harish filed a complaint against Abdul Munner for dishonouring a cheque worth Rs. 400,000. The cheque was returned unpaid due to insufficient funds, leading to this case where the accused was found guilty.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 400,000
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
The complainant provided sufficient evidence showing that the cheque was issued in discharge of a legally enforceable debt, and the cheque was returned due to insufficient funds.
The complainant provided sufficient evidence showing that the cheque was issued in discharge of a legally enforceable debt, and the cheque was returned due to insufficient funds.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.400,000/- (Rupees Four Lakh only) under section 357(3) of the Code of Criminal Procedure for the offence punishable under section 138 of the Negotiable Instruments Act.
Parties Involved
Plaintiffs
Abdul Harish (29 years)
Perijeri House, Valavannur Amsom Desom, P.O Kanmanam, Tirur Taluk, Pin 676 551
Defendants
Abdul Munner (30 years)
Padathodi House, Erkkara, Kadampuzha P.O, Marakkara Amsom, Desom, Tirur Taluk, Pin 676 553
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs. 4,00,000/- to the complainant.
Evidence:
The accused is directed to pay compensation of Rs.4,00,000/- (Rupees Four Lakhs only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment till the raising of the court and a default sentence of 3 months.
Evidence:
The accused is found guilty and convicted for an offence punishable u/s 138 of the Negotiable Instrument Act and sentenced to undergo imprisonment till the raising of the court.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the accused to discharge a legally enforceable debt.
Reference:
Exbt.P1
Document Type:
Memorandum
Submitted By:
Court
Relevance:
This memorandum shows that the cheque was returned unpaid due to insufficient funds.
Reference:
Exbt.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to inform the accused about the dishonour of the cheque and demand payment.
Reference:
Exbt.P3
Document Type:
Postal receipt
Submitted By:
Unknown
Relevance:
This receipt evidences the sending of the statutory notice.
Reference:
Exbt.P3(a)
Document Type:
Acknowledgment card
Submitted By:
Unknown
Relevance:
This card confirms the service of the statutory notice on the accused.
Reference:
Exbt.P4