Case Summary
The complainant, Antony Varghese, filed a complaint against Thomas Mathew for dishonor of a cheque issued in a debt transaction. The court found the accused guilty of the offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹2,40,000/-
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of the offence punishable under section 138 of the Negotiable Instruments Act. The court ordered the accused to pay a fine and specified imprisonment for non-payment.
Why Plaintiff Won:
The complainant successfully proved that the accused issued a cheque towards a legally recoverable debt.
The complainant successfully proved that the accused issued a cheque towards a legally recoverable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant could establish that the accused had issued Exhibit P1 cheque towards legally recoverable debt. The court accepted the signatures and did not find evidence substantiating the accused's claims.
Judgment Evidence:
The accused is convicted under section 255(2) CrPC for the offence under section 138 of NI Act. Considering the facts and circumstances of the case, I am satisfied that imposing a sentence of fine shall serve the ends of justice. The accused is sentenced to pay a fine of ₹2,40,000/- (Rupees Two lakh forty thousand only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Antony Varghese
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas Mathew
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Cheque No:117909 for ₹2,40,000/- drawn on Federal Bank, Manarcadu Branch, Cheque return memo, Office copy of lawyer’s notice, Postal Receipt, Acknowledgment card with registered cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bino.I.Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bini Thampi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Imposition of a fine as compensation for the dishonoured cheque.
Evidence:
The accused is sentenced to pay a fine of ₹2,40,000/-.
Relief Type:
Imprisonment
Outcome:
Partly Granted
Description:
In default of payment of fine, simple imprisonment for one month.
Evidence:
In default, the accused shall undergo simple imprisonment for a period of 1(one) month.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The accused issued Exhibit P1 cheque in discharge of legally recoverable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The cheque was dishonoured for the reason 'Funds Insufficient'.
Reference:
Ext.P2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The complainant sent a notice to the accused intimating the dishonour of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the statutory notice to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt of the notice by the accused.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2020
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month