Case Summary
The complainant Azees has filed a private complaint against Rahees for dishonor of a cheque issued for a legally enforceable debt. Rahees borrowed Rs. 6,00,000 from Azees and failed to repay, leading to the current proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 12,00,000 fine and simple imprisonment till the rising of the court
Case Type
Criminal Case
Final Judgment
No
The court found Rahees guilty of the offence punishable under section 138 of the Negotiable Instruments Act. He has been sentenced to simple imprisonment till the rising of the court and to pay a fine of Rs. 12,00,000.
Why Plaintiff Won:
The cheque was duly executed and the court found that the complainant met all statutory requirements for prosecution under section 138 of the NI Act.
The cheque was duly executed and the court found that the complainant met all statutory requirements for prosecution under section 138 of the NI Act.
Losing Side's Weaknesses:
The cheque was duly executed and the court found that the complainant met all statutory requirements for prosecution under section 138 of the NI Act.
The cheque was duly executed and the court found that the complainant met all statutory requirements for prosecution under section 138 of the NI Act.
Supporting Evidence
The cheque in question was issued from the bank account of the accused and was returned unpaid for want of sufficient funds. The complainant categorized the case in accordance with the statutes governing the issuance and dishonor of cheques under the NI Act.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 12,00,000/- (Rupees Twelve Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Azees
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahees
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Cheque dated 01.09.2019, Return Memo dated 13.11.2019, Registered Lawyer notice dated 28.11.2019, Postal Receipt dated 29.11.2019, Notice returned unclaimed dated 03.12.2019, Agreement dated 01.03.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- I. Rajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹12,00,000/-.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 12,00,000 ₹/- (Rupees Twelve Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque dated 01.09.2019 issued in favour of the complainant by the accused.
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo issued by Nadapuram Co-operative Urban Bank indicating the cheque was returned unpaid.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Registered lawyer notice issued to the accused intimating the default of payment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt of the lawyer notice sent to the accused.
Reference:
Ext.P4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice returned unclaimed indicating that the accused has 'Left India'.
Reference:
Ext.P5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered between the complainant and the accused regarding the payment of the debt.
Reference:
Ext.P6
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Judgment of Munsiff Court, Nadapuram in OS 54/2020.
Reference:
Ext.P7
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Decree of Munsiff Court, Nadapuram in OS 54/2020.
Reference:
Ext.P8
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Azees vs Rahees regarding dishonor of cheque
Case Code Year
Case between Azees vs Rahees regarding dishonor of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months