Case Summary
A.K.Subair filed a suit against Muhamed Hasnal.T.C. for realization of Rs. 30,000 following a car accident. The plaintiff claims that the defendant agreed to pay for damages but failed to honor the cheques issued for payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 30,000/- with interest at the rate of 12% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover Rs. 30,000 with interest from the defendant. The court found the plaintiff's evidence convincing as the defendant did not appear to contest the claims.
Why Plaintiff Won:
The plaintiff proved his case by adducing cogent and reliable evidence.
The plaintiff proved his case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case by adducing cogent and reliable evidence.
The plaintiff proved his case by adducing cogent and reliable evidence.
Supporting Evidence
Since the defendant remained exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the case of plaintiff. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: (I).The plaintiff is allowed to realise an amount of Rs. 30,000/- Rupees (Thirty Thousand only) with an interest at the rate of 12% per annum from the date of suit till realisation, from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.K.Subair
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhamed Hasnal.T.C.
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Cheque dated 16-02-2018, Dishonour Memo dated 20-2-2018, Cheque dated 28-02-2018, Dishonour Memo dated 28-02-2018, Petition to the Tirur Police Sub Inspector dated 22-02-2018, Estimate of Spare Parts and Labour charge issued by the Chelladans Maruthi Engineers dated 10-04-2018, Copy of Registered lawyer notice dated 7-3-2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Anjana.N.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the amount of Rs. 30,000/- with interest from the defendant.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is allowed to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque dated 16-02-2018 was issued by the defendant as part of the agreement to pay for the damages.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The dishonour memo dated 20-02-2018 indicates that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque dated 28-02-2018 was also issued by the defendant and part of the payment for damages.
Reference:
Ext.A3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The dishonour memo dated 28-02-2018 indicates that the second cheque was also returned unpaid.
Reference:
Ext.A4
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
The petition to the Tirur Police Sub Inspector dated 22-02-2018 regarding the incident was marked as evidence.
Reference:
Ext.A5
Document Type:
Estimate
Submitted By:
Plaintiff
Relevance:
The estimate for spare parts and labour charges issued by Chelladans Maruthi Engineers was presented to show the cost of repairs.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The registered lawyer notice dated 07-03-2018 was sent to the defendant demanding payment of the dues.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between A.K.Subair vs Muhamed Hasnal.T.C. regarding realization of money
Case Code Year
Case between A.K.Subair vs Muhamed Hasnal.T.C. regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act