Case Summary
The complainant, Anil Raj, alleged that the accused, K.T. Sunil, had issued a cheque that was dishonored due to insufficient funds. The court found the accused guilty of the offense punishable under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 13,00,000/- as compensation.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty and sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 13,00,000 as compensation.
Why Plaintiff Won:
The complainant successfully proved the issuance of the cheque and the dishonor due to insufficient funds.
The complainant successfully proved the issuance of the cheque and the dishonor due to insufficient funds.
Losing Side's Weaknesses:
The complainant successfully proved the issuance of the cheque and the dishonor due to insufficient funds.
The complainant successfully proved the issuance of the cheque and the dishonor due to insufficient funds.
Supporting Evidence
A meaningful reading of the provisions of the Negotiable Instruments Act... the complainant has complied with all the formalities mandated by Section 138 of the Negotiable Instruments Act, 1881.
Judgment Evidence:
In the result, accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs.13,00,000/- (Rupees thirteen Lakhs only) under Section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anil Raj
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.T. Sunil
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 047510 682013007 Dated 12.12.2012 for Rs. 8,00,000/-, Cheque return memo dated 26.12.2012, Office copy of lawyer's notice dated 09.01.2013.
Defendants Documents
Reply notice dated 25.02.2013, Postal receipt (original) dated 25.02.2013.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.K. Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C.S. Manu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Accused is sentenced to imprisonment and a fine.
Evidence:
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs.13,00,000/- (Rupees Thirteen Lakhs only) under Section 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
In default of payment, to undergo simple imprisonment.
Evidence:
In default, to undergo simple imprisonment for three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to discharge a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo indicated that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates the dishonour of a cheque returned from the State Bank of Travancore.
Reference:
Ext.P3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of the amount covered by the dishonoured cheque.
Reference:
Ext.P4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Card confirming receipt of the notice by the accused.
Reference:
Ext.P5
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
The accused's formal response to the notice sent by the complainant.
Reference:
Ext.D1
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Proof of sending the reply notice.
Reference:
Ext.D2
Document Type:
Ledger
Submitted By:
Defendant
Relevance:
Record that the accused claims supports his financial transactions with the complainant.
Reference:
Ext.D3
Document Type:
Relevant Page
Submitted By:
Defendant
Relevance:
Specific page of the ledger indicating the accused's financial dealings.
Reference:
Ext.D3(a)
Document Type:
Relevant Page
Submitted By:
Defendant
Relevance:
Another page from the ledger relevant to the accused's claims.
Reference:
Ext.D3(b)
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
Statement showing the financial transaction history involving the accused.
Reference:
Ext.D4
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
ST.
Case Code Year
2023
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months