Case Summary
The complainant, Alex Baby, filed a case against Santhosh Eappen for dishonoring a cheque issued for repayment of a loan. The court found the accused guilty and imposed a sentence for the offence under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Simple imprisonment for 2 months and a fine of ₹25,28,800/-
Case Type
Criminal Case
Final Judgment
No
The court convicted the accused Santhosh Eappen for committing the offence under Section 138 of the Negotiable Instruments Act and sentenced him to simple imprisonment and a fine.
Why Plaintiff Won:
The complainant established that the accused issued the cheque in discharge of a legally enforceable debt.
The complainant established that the accused issued the cheque in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court concluded that the complainant could establish that the accused had handed over Ext.P2 cheque and the accused had admitted his signature in Ext.P2.
Judgment Evidence:
The accused is sentenced to undergo simple imprisonment for a period of two (2) months and to pay a fine of ₹25,28,800/- (Rupees twenty five lakh twenty eight thousand and eight hundred only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alex Baby
- Party Role
- Defendant
- Party Name
- Santhosh Eappen
Plaintiffs Documents
Cheque No:404385 for ₹26,28,800/-, Promissory Note, Legal Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sony Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anu K Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is ordered to pay the amount of ₹25,28,800/- as compensation.
Evidence:
The entire fine amount of ₹25,28,800/- shall be paid to the complainant as compensation under Section 357(1)(b) of the Code of Criminal Procedure, 1973.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to undergo simple imprisonment.
Evidence:
The accused is sentenced to undergo simple imprisonment for a period of two (2) months and to pay a fine of ₹25,28,800/-.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque dated 02.06.2021 was issued by the accused in discharge of a legally enforceable debt.
Reference:
P2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A letter issued by the accused regarding the transaction between the complainant and the accused.
Reference:
P3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note executed by the accused promising to pay the amount owed to the complainant.
Reference:
P4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo regarding the dishonor of the cheque due to insufficient funds.
Reference:
P5
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the accused, signifying the statutory requirements compliance.
Reference:
P6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidencing the sending of the notice to the accused.
Reference:
P7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card serves as proof of delivery of the notice to the accused.
Reference:
P8
Document Type:
Certificate under Section 65B (4) of the Indian Evidence Act
Submitted By:
Court
Relevance:
This certificate validates the electronic records submitted in court.
Reference:
X1
Document Type:
Statement of SBI Account
Submitted By:
Court
Relevance:
The bank statement that shows the account details of the accused.
Reference:
X2
Document Type:
Statement of SBI Account
Submitted By:
Court
Relevance:
Another statement of the unavailability of funds in the accused's account.
Reference:
X3
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2021
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
2 months