Case Summary
The plaintiff, Baby Xavier, is seeking to recover a loan of ₹2,50,000 from the defendant, Jose Mon, who has allegedly failed to repay it. The plaintiff claims the loan was issued on 15.01.2021 and was backed by a cheque that was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.2,68,750 together with interest at the rate of 6% per annum and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the loan amount with interest and costs. The plaintiff was entitled to realize an amount of ₹2,68,750 from the defendant.
Why Plaintiff Won:
The plaintiff successfully proved the existence of the loan and the dishonoured cheque, with no evidence to rebut the claims.
The plaintiff successfully proved the existence of the loan and the dishonoured cheque, with no evidence to rebut the claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A5 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs.2,68,750/- (Rupees Two Lakhs Sixty Eight Thousand Seven Hundred and Fifty Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Xavier
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jose Mon
- Relation
- S/o
Plaintiffs Documents
Original Cheque No. 165369, Cheque return memo, Office copy of Legal notice, Postal Receipt, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. Sreesivan Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anila.P.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. Sreekumaran Pillai
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.2,68,750/- along with interest.
Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs.2,68,750/- (Rupees Two Lakhs Sixty Eight Thousand Seven Hundred and Fifty Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Proves the defendant issued a cheque for the amount owed.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque issued was dishonoured.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Shows the demand for payment made to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms delivery of the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acts as evidence of the defendant receiving the legal 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
OS.
Case Code Year
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act