Case Summary
This case involves a complaint filed by Baiju against Rajan for issuing a cheque that was returned due to insufficient funds. Baiju claims that the cheque was issued to discharge a liability towards him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,50,000/-
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty of the offence under section 138 of the Negotiable Instruments Act and imposed a sentence of imprisonment and compensation.
Why Plaintiff Won:
The complainant proved that the cheque was issued for a legally enforceable debt.
The complainant proved that the cheque was issued for a legally enforceable debt.
Losing Side's Weaknesses:
The complainant proved that the cheque was issued for a legally enforceable debt.
The complainant proved that the cheque was issued for a legally enforceable debt.
Supporting Evidence
The oral evidence of PW1, coupled with Exbt.P2 memorandum would prove that the complainant had presented Exbt. P1 cheque for encashment and the cheque was returned by the bank for the reason 'Insufficient Funds'.
Judgment Evidence:
In the result, the accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.150,000/- (Rupees One Lakh and Fifty Thousand only) under section 357(3) of the Code of Criminal Procedure for the offence punishable under section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baiju. P.K
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajan
- Relation
- S/o
Plaintiffs Documents
Cheque No.486043, dated 17.07.2015, Memo issued by South Malabar Gramin Bank, Lawyer notice, Postal Receipt, Acknowledgment card
Defendants Documents
Lawyer Notice
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.P. Mohandas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.J. Dhaneesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The accused is directed to pay compensation to the complainant.
Evidence:
The accused is found guilty and convicted for an offence punishable u/s 138 of the Negotiable Instrument Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to simple imprisonment for non-payment of compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a period of 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant to discharge a liability.
Reference:
Ext.P1
Document Type:
Memorandum
Submitted By:
Court
Relevance:
Memorandum from the bank indicating the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the accused informing them of the dishonor of the cheque and demanding payment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt confirming the sending of the lawyer notice to the accused.
Reference:
Ext.P3(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card evidencing the service of the statutory notice on the accused.
Reference:
Ext.P4
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Notice from the defendant disputing the claims made by the complainant.
Reference:
Exbt. D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Baiju. P.K vs Rajan regarding dishonor of cheque
Case Code Year
Case between Baiju. P.K vs Rajan 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
3 months