Case Summary
ALEEFA filed a suit against LATHEEF. P. K to recover Rs.5,00,000/- which LATHEEF borrowed and failed to repay. The cheque issued by LATHEEF was dishonored due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.5,00,000/- with 10% interest from the date of suit till date of realization with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting her the amount claimed along with interest and costs.
Why Plaintiff Won:
The court found that the plaintiff successfully established the existence of a money transaction.
The court found that the plaintiff successfully established the existence of a money transaction.
Losing Side's Weaknesses:
The court found that the plaintiff successfully established the existence of a money transaction.
The court found that the plaintiff successfully established the existence of a money transaction.
Supporting Evidence
Thus, from the evidences on record the plaintiff has successfully established the fact that there exist a money transaction between himself and the defendant and the defendant is liable to pay the plaint amount.
Judgment Evidence:
In the result, the suit is decreed with costs. The plaintiff is entitled to realize an amount of Rs.5,00,000/- with 10% interest from the defendant from the date of suit till date of realization with costs from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- ALEEFA
- Party Age
- 26
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- LATHEEF. P. K
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Account Statement, Certified copy of Cheque No. 101074, Certified copy of Cheque Return Memo, Copy of Lawyer Notice, Certified copy of postal acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Adeeb Salah
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ratheesh Kumar. K. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.5,00,000/- with 10% interest from the defendant.
Evidence:
The suit is decreed with costs as follows: The plaintiff is entitled to realize an amount of Rs.5,00,000/- with 10% interest from the defendant from the date of suit till date of realization with costs from the defendant.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The account statement was produced by the plaintiff to prove the money transaction.
Reference:
Ext.A1
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
The cheque executed by the defendant was marked to establish the claim.
Reference:
Ext.A2
Document Type:
Certified Copy of Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The return memo evidenced the dishonor of the cheque presented by the plaintiff.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice issued to the defendant was to inform about the default.
Reference:
Ext.A4
Document Type:
Certified copy of postal acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card was used to prove the sending of notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between ALEEFA vs LATHEEF. P. K regarding realization of money.
Case Code Year
Case between ALEEFA vs LATHEEF. P. K regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act