Case Summary
This case involves a financial transaction where the plaintiff, Alexander P.J, lent money to the defendant, Thomas C.K. The plaintiff claims that the defendant failed to repay the amount and issued a dishonored cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of 3,30,000/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and directed the defendant to pay the amount owed along with interest. The plaintiff is also entitled to costs.
Why Plaintiff Won:
The plaintiff proved that the defendant owed the amount and failed to pay despite receiving a demand notice.
The plaintiff proved that the defendant owed the amount and failed to pay despite receiving a demand notice.
Losing Side's Weaknesses:
The plaintiff proved that the defendant owed the amount and failed to pay despite receiving a demand notice.
The plaintiff proved that the defendant owed the amount and failed to pay despite receiving a demand notice.
Supporting Evidence
Considering the totality of the circumstances of the evidence brought out, the evidence of DW2 and DW3 cannot be believed.
Judgment Evidence:
In the result, the suit is decreed as follows: the defendant is directed to pay to the plaintiff an amount of rupees 3,30,000/- (Rupees three lakhs thirty thousand only) with the interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realization from the defendant or his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alexander P.J
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas C.K
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 015332, Cheque dishonor Memo, Office copy of the Legal Notice, Postal Acknowledgment Card, Reply Notice, Notice of Elamkulam Fathima Matha Church 67th Dharshana Thirunal, Photo copy of the Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Tom C. Kandathil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathai K.C
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Susanth Shaji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amritha J
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of an amount of Rs.3,30,000/- along with interest.
Evidence:
The suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount of rupees 3,30,000/- with the interest at the rate of 6% per annum from the date of institution of the suit, till its realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
In view of the findings on issue Nos.I and II, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was presented for payment and was dishonoured.
Reference:
Ext.A1
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
This document demonstrates the dishonour of the cheque presented by the plaintiff.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This is the office copy of the legal notice sent to the defendant demanding payment.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document acknowledges the receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the reply notice received from the defendant raising frivolous contentions.
Reference:
Ext.A5
Document Type:
Photocopy of the Agreement
Submitted By:
Plaintiff
Relevance:
This document contains an agreement detailing the amount owed by the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Alexander P.J vs Thomas C.K regarding money recovery
Case Code Year
Case between Alexander P.J vs Thomas C.K regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act