Case Summary
The plaintiff, Anwar Sadath, is suing the defendant, Muhammed Firoz, for the dishonor of two cheques issued for the purchase of mobile phones. The case revolves around the payment issues related to these cheques.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed as it was filed after the limitation period for dishonored cheques. No costs were awarded.
Key Reasoning:
The suit was barred by law of limitation.
The suit was barred by law of limitation.
Why Defendant Won:
The suit was barred by law of limitation.
The suit was barred by law of limitation.
Supporting Evidence
The suit ought to have been filed on or before 05.04.2024. The suit filed on 21.06.2024 is barred by law of limitation.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anwar Sadath
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Firoz
- Party Age
- 38
Plaintiffs Documents
Certified copies of cheques, cheque return memos, lawyer notices
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri Sanal Kumar Padannappurath
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Certified copy of Cheque bearing No.000003 drawn on ESAF Small Finance Bank Ltd. of Rs.25,000.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Certified copy of Cheque bearing No.000004 drawn on ESAF Small Finance Bank Ltd. of Rs.25,000.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Certified copy of cheque return memo issued by SBI, NIT Branch for dishonor of Cheque No.000003.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Certified copy of cheque return memo issued by SBI, NIT Branch for dishonor of Cheque No.000004.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Certified copy of Lawyer Notice pertaining to Cheque number 000003.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Certified copy of Lawyer Notice pertaining to Cheque number 000004.
Reference:
Ext.A6
Document Type:
Returned lawyer notice
Submitted By:
Plaintiff
Relevance:
Certified copy of the returned lawyer notice.
Reference:
Ext.A7
Document Type:
Returned lawyer notice
Submitted By:
Plaintiff
Relevance:
Certified copy of the returned lawyer notice.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Cheque dishonour
Case Code
Case between Anwar Sadath vs Muhammed Firoz regarding realization of money
Case Code Year
Case between Anwar Sadath vs Muhammed Firoz regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act