Case Summary
Anil Philip is the plaintiff, and he is suing C.O. Augustine for recovery of a debt of ₹2,10,000 due to dishonoured cheque. The court found in favour of the plaintiff based on evidence presented.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay ₹2,10,000 with 6% interest per annum from 17/03/2021 and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a legally enforceable debt through evidence including the dishonoured cheque.
The plaintiff established a legally enforceable debt through evidence including the dishonoured cheque.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff, an amount of ₹2,10,000/- (Rupees two lakhs ten thousand only) with interest at the rate of 6% per annum (simple interest) from 17/03/2021, till its realisation from the defendant or his assets.
Parties Involved
Plaintiffs
Anil Philip (42 years)
Kannachiri House, Punnakkal P.O., Thiruvambadi, Thiruvambadi Amsom & Desom, Thamarassery Taluk, Kozhikode District - PIN - 673 603
Defendants
C.O. Augustine (60 years)
No.9/82/I B, Chakkalakal House, South Chittoor P.O, Cheranallur Village, Ernakulam - 686 027
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹2,10,000/- from the defendant.
Evidence:
The plaintiff is entitled to realize an amount ₹2,10,000/- from the defendant or his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum from the date of the cheque.
Evidence:
The plaintiff is entitled to an interest rate of 6% per annum (simple interest) upon the principal amount ₹2,10,000/- from 17.03.2021.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Relates to the amount owed by the defendant and was dishonoured.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates the dishonour of the cheque due to account closure.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant about the dishonoured cheque and claim for payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms sending of the lawyer notice to the defendant.
Reference:
Ext.A4
Document Type:
Letter issued by Department of Posts
Submitted By:
Plaintiff
Relevance:
Marked subject to objection during cross-examination.
Reference:
Ext.A5