Case Summary
The plaintiff, Anil Kumar. B, sold 47 pigs to the defendant, K.S. Baiju, for a total of Rs. 3,00,000 and received a post-dated cheque which was later dishonored due to insufficient funds. The case revolves around the recovery of the cheque amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 3,13,032 with interest at the rate of 12% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay an amount of Rs. 3,13,032 including interest.
Why Plaintiff Won:
The defendant failed to substantiate his claims that the cheque was issued merely as security and not for the sale of pigs.
The defendant failed to substantiate his claims that the cheque was issued merely as security and not for the sale of pigs.
Losing Side's Weaknesses:
The defendant failed to substantiate his claims that the cheque was issued merely as security and not for the sale of pigs.
The defendant failed to substantiate his claims that the cheque was issued merely as security and not for the sale of pigs.
Supporting Evidence
The testimonies of PW2 and PW3, along with documents Exts. A1 to A5, fully support the plaintiff's case. The burden of proving the existence of such an agreement and the alleged payment connected to it rests entirely on the defendant. Yet, the defendant has failed to produce any evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs. 3,13,032/- (Rupees Three Lakhs Thirteen Thousand and Thirty Two only) with interest at the rate of 12% per annum for the principal amount of Rs. 3,00,000/- from the date of suit till realisation from the defendant and all his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anil Kumar. B
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.S. Baiju
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Original cheque No. 821276, Certified copy of dishonour memo, Copy of lawyer’s notice, Certified copy of postal receipts, Certified copy of acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V. Hariprasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover a sum of Rs. 3,13,032/- along with interest.
Evidence:
Thus, Issue No. 1 is found in favour of the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs due to prevailing in the suit.
Evidence:
This issue is also answered in favour of the plaintiff.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant for the sale of pigs.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo showing that the cheque was returned due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding payment after cheque dishonour.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipt showing that the notice was sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the lawyer's notice by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
Case between Anil Kumar. B vs K.S. Baiju regarding realization of money.
Case Code Year
Case between Anil Kumar. B vs K.S. Baiju regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act