Case Summary
The complainant, Amakkattu finance, alleged that the accused, Josy Xavier, issued a cheque which was dishonoured due to insufficient funds. The court found the accused guilty of the offence under section 138 of the Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.9,00,000/-
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty and sentenced to three months of imprisonment, along with a compensation of Rs.9,00,000/- to the complainant.
Why Plaintiff Won:
The court determined that the cheque issued was for a legally enforceable debt and was dishonoured due to insufficient funds.
The court determined that the cheque issued was for a legally enforceable debt and was dishonoured due to insufficient funds.
Losing Side's Weaknesses:
The court determined that the cheque issued was for a legally enforceable debt and was dishonoured due to insufficient funds.
The court determined that the cheque issued was for a legally enforceable debt and was dishonoured due to insufficient funds.
Supporting Evidence
The cheque was dishonoured with the intimation 'funds insufficient', which is evidenced by Exts.P2 and P3. Therefore, it is evident that the cheque was dishonoured as 'funds insufficient'.
Judgment Evidence:
In the result, the accused is sentenced to undergo simple imprisonment for 3 months and to pay a compensation of Rs.9,00,000/- (Rupees Nine lakhs only) to the complainant as compensation u/s.357 (3) Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Amakkattu finance
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Josy Xavier
- Party Age
- 46
Plaintiffs Documents
Promissory note, cheque, legal notice, dishonour memo, intimation letter.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.S Raju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Biju Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.9,00,000 to the complainant.
Evidence:
Accused is sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.9,00,000/- (Rupees Nine Lakhs only) to the complainant.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
3 months simple imprisonment for the accused.
Evidence:
Accused is sentenced to undergo simple imprisonment for three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by the accused to discharge a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P2
Document Type:
Intimation letter
Submitted By:
Plaintiff
Relevance:
Informs the complainant about the dishonour of the cheque.
Reference:
Ext.P3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Sent to the accused demanding payment after cheque dishonour.
Reference:
Ext.P4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the accused assuring repayment of borrowed amount.
Reference:
Ext.P8
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
Proves the complainant's authority to lend money.
Reference:
Ext.P7
Document Type:
Register book
Submitted By:
Plaintiff
Relevance:
Shows money transactions including the one with the accused.
Reference:
Ext.P9
Document Type:
Cash Book
Submitted By:
Plaintiff
Relevance:
Records money transactions relevant to the case.
Reference:
Ext.P10
Document Type:
Audit report
Submitted By:
Plaintiff
Relevance:
Details the financial status of the complainant.
Reference:
Ext.P11
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
2017
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months