Case Summary
Althaf Ashraf, proprietor of Star Trading Company, filed a complaint against K. S. Kuriakose for issuing a dishonored cheque under the Negotiable Instrument Act. The accused was found guilty of the charge after the cheque was bounced due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of `3,50,000/-
Case Type
Criminal Case
Final Judgment
No
The court convicted the accused for the offence under section 138 of the Negotiable Instrument Act and imposed a sentence of simple imprisonment and a compensation amount.
Why Plaintiff Won:
The complainant successfully proved that the accused issued the cheque to discharge a legally enforceable debt.
The complainant successfully proved that the accused issued the cheque to discharge a legally enforceable debt.
Losing Side's Weaknesses:
The complainant successfully proved that the accused issued the cheque to discharge a legally enforceable debt.
The complainant successfully proved that the accused issued the cheque to discharge a legally enforceable debt.
Supporting Evidence
The court is of the view that, the complainant succeeded in proving that accused executed Ext P1 in his favour to discharge the liability due to him.
Judgment Evidence:
In the result, the accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of `3,50,000/- (Rupees Three Lakhs Fifty Thousand only) to the complainant as compensation u/s.357 (3) Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Althaf Ashraf
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. S. Kuriakose @ Shaji
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.000380, Dishonour memo, Lawyer Notice, Acknowledgment Card, Retail invoices
Defendants Documents
Day Book, Ledger
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sony Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation ordered to be paid to the complainant by the accused.
Evidence:
Accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of `3,50,000/- (Rupees Three Lakhs Fifty Thousand only) to the complainant as compensation u/s.357 (3) Cr.PC.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment till rising of the court.
Evidence:
Accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Further period of imprisonment in case of default in payment of compensation.
Evidence:
In default of payment of compensation he has to undergo simple imprisonment for a further period of three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Accused issued this cheque to discharge his debt to the complainant.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The complainant issued this notice to the accused after the cheque was dishonoured.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt corresponds to the legal notice sent to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card shows that the accused received the notice.
Reference:
Ext.P5
Document Type:
Retail Invoice
Submitted By:
Plaintiff
Relevance:
These invoices establish the transactions between the complainant and the accused.
Reference:
Ext.P6 to Ext.P10
Document Type:
Monthly Return
Submitted By:
Defendant
Relevance:
This return is presented by the defendant to support his claim.
Reference:
Ext.D1
Document Type:
Monthly Return
Submitted By:
Defendant
Relevance:
This return is presented by the defendant to support his claims of non-functioning.
Reference:
Ext.D2
Document Type:
Monthly Return
Submitted By:
Defendant
Relevance:
This return is presented by the defendant to support his claims.
Reference:
Ext.D3
Document Type:
Cancellation of Registration
Submitted By:
Defendant
Relevance:
This document is used by the defendant to show he stopped business operations.
Reference:
Ext.D4
Document Type:
Day Book
Submitted By:
Defendant
Relevance:
This book is presented to show the defendant's business records.
Reference:
Ext.D5
Document Type:
Ledger
Submitted By:
Defendant
Relevance:
This ledger is presented by the defendant to support his claims.
Reference:
Ext.D6
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2016
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months