Case Summary
Aboobacker filed a complaint against Rukhiya for an alleged offence under section 138 of the Negotiable Instruments Act. Rukhiya issued a cheque which bounced due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.200,000/- (Rupees Two Lakhs only)
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
The complainant proved that the cheque was issued in discharge of a legally enforceable debt.
The complainant proved that the cheque was issued in discharge of 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.200,000/- (Rupees Two 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
Aboobacker (65 years)
Chullikkal House, Nariparamba. P.O, Ponnani Taluk
Defendants
Rukhiya (41 years)
Puthuveettil House, Ponnani. P.O, Ponnani Taulk
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.200,000 to the complainant.
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 and is directed to pay compensation of Rs.2.00.000/- (Rupees Two Lakhs only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment for a period of 3 months in default of payment of compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Bank Memorandum
Submitted By:
Court
Relevance:
Memo issued by the Federal Bank stating the cheque was returned unpaid.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of notice sent to the accused informing about the dishonour of the cheque.
Reference:
Ext.P3 (A)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt evidencing the sending of the lawyer notice.
Reference:
Ext.P3 (B)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card evidencing the service of statutory notice on the accused.
Reference:
Ext.P4