Case Summary
Beejay Agencies, represented by its Proprietor, Binoy Varghese, sued Rasheed P S to recover a debt of Rs. 1,20,446/- due to a dishonored cheque. The defendant failed to appear or respond to the court despite being served.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 1,20,446/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs. 1,20,446/- with interest and costs.
Why Plaintiff Won:
The plaint averments, affidavit, and the documents established the case of the plaintiff. There was no evidence to rebut the evidence adduced.
The plaint averments, affidavit, and the documents established the case of the plaintiff. There was no evidence to rebut the evidence adduced.
Losing Side's Weaknesses:
The plaint averments, affidavit, and the documents established the case of the plaintiff. There was no evidence to rebut the evidence adduced.
The plaint averments, affidavit, and the documents established the case of the plaintiff. There was no evidence to rebut the evidence adduced.
Supporting Evidence
The plaint averments, affidavit, and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendant to pay to the plaintiff the sum of 1,20,446/- with interest thereon at the rate of 6% per annum for the principal amount of 1,13,999/- from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beejay Agencies
- Relation
- represented by its Proprietor, Binoy Varghese
- Party Role
- Defendant
- Party Name
- Rasheed P S
- Party Age
- 59
- Relation
- S/o Syed Muhammed Rawther
Plaintiffs Documents
Invoice dated 09.09.2024, Cheque for Rs. 113999/- dated 14.09.2024, Cheque return memo dated 07.10.2024, Office copy of Lawyers notice dated 17.10.2024, Copy of postal receipt dated 19.10.2024, Copy of the acknowledgement card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Thomas Kandamchira
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendant to pay the plaintiff Rs. 1,20,446/- with interest.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of 1,20,446/- (Rupees One Lakh Twenty Thousand Four Hundred and Forty Six only) with interest thereon at the rate of 6% per annum for the principal amount of 1,13,999/- (One Lakh thirteen thousand nine hundred and ninety nine only) from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement for the plaintiff to realize the costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice dated 09.09.2024 for goods purchased by the defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque for Rs. 113999/- issued by the defendant.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo received when the cheque was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant for non-payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for sending the lawyer's notice.
Reference:
Ext.A5
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgement of receipt of the notice by the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
Case between Beejay Agencies vs Rasheed P S regarding suit for realisation of money.
Case Code Year
Case between Beejay Agencies vs Rasheed P S regarding suit for realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act