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S.T. 147/2017

Case between Amakkattu finance et al vs Josy Xavier regarding dishonour of cheque

Court
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-III
Judge
Smt. Smitha Susan Mathew
Order Date
2025-06-30
Duration
approximately-8 years 9 months
Case Code No.
147
Case Closed
Mon, 06/30/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The accused was found guilty and sentenced to three months of imprisonment, along with a compensation of Rs.9,00,000/- to the complainant.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
KANJIRAPPALLY
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Mon, 10/17/2016 - 12:00
Case Closed
Mon, 06/30/2025 - 12:00
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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