Case Summary
Arun Raj.N. filed a suit against Murukeshan for the realization of money owed. The defendant borrowed Rs. 3,50,000/- and issued a cheque which was later dishonoured.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.4,08,750/- together with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the amount of Rs. 4,08,750/- with interest and costs.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Supporting Evidence
The deposition of PW1 and Exts. A1 to A5 documents would prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.4,08,750/- together with interest at the rate of 18% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arun Raj.N.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Murukeshan
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original Cheque bearing No. 783281, Cheque Return Memo, Office copy of Advocate Notice, Postal Receipts, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajay Koivila
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.S.Nisha Babu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs.4,08,750/- with interest and costs.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.4,08,750/- together with interest...
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The plaintiff presented Ext.A1 cheque for collection, which was dishonoured.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Ext.A2 indicates that the cheque was dishonoured for insufficient funds.
Reference:
Ext.A2
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 is a notice issued to the defendant demanding repayment.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the postal receipt for the notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Ext.A5 confirms that the defendant received the notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Arun Raj.N. vs Murukeshan regarding Realisation of Money
Case Code Year
Case between Arun Raj.N. vs Murukeshan regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act