Case Summary
Abdul Rahoof filed a complaint against Abdullakutty for dishonoring a cheque under section 138 of the Negotiable Instruments Act. The complainant alleged that the accused failed to arrange admission for his son and issued a cheque that was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.160,000/-
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty of the offence of dishonoring the cheque and directed him to pay a compensation of Rs.160,000/- to the complainant.
Why Plaintiff Won:
The complainant proved the issuance and dishonor of the cheque, fulfilling the legal requirements under the Negotiable Instruments Act.
The complainant proved the issuance and dishonor of the cheque, fulfilling the legal requirements under the Negotiable Instruments Act.
Losing Side's Weaknesses:
The complainant proved the issuance and dishonor of the cheque, fulfilling the legal requirements under the Negotiable Instruments Act.
The complainant proved the issuance and dishonor of the cheque, fulfilling the legal requirements under the Negotiable Instruments Act.
Supporting Evidence
The complainant has proved the execution and issuance of Exbt. P1 cheque. Nothing has been brought out to discredit the testimony of PW1 regarding the execution and issuance of Ext.P1 cheque by the accused though he was cross-examined.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.160,000/- (Rupees One Lakh and Sixty Thousand 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
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Rahoof
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdullakutty
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Cheque No.586614 for Rs.160,000/-, Memo issued by the State Bank of India, Lawyer notice, Postal Receipt, Returned Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mohammed Rafeeq. A. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.160,000/- was ordered to be paid to the complainant.
Evidence:
The accused is found guilty of the offence u/s. 138 of the Negotiable Instruments Act and sentenced to pay the above said amount as compensation.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment of compensation, the accused was sentenced to simple imprisonment for 3 months.
Evidence:
In default of payment of compensation, accused shall suffer Simple Imprisonment for a period of 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to discharge a legally enforceable debt to the complainant.
Reference:
Ext.P1
Document Type:
Bank Memo
Submitted By:
Court
Relevance:
The memo indicates that Ext.P1 cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded the payment of the cheque amount after it was dishonoured.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms the sending of the lawyer notice to the accused.
Reference:
Ext.P4
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
This document shows that the notice sent to the accused was returned as unclaimed.
Reference:
Ext.P5
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 Abdul Rahoof vs Abdullakutty regarding cheque dishonor under Negotiable Instrument Act.
Case Code Year
Case between Abdul Rahoof vs Abdullakutty regarding cheque dishonor under Negotiable Instrument Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months