Case Summary
The plaintiff, Bindhu P.S, claims that the defendant, Geetha.R, borrowed Rs. 4,00,000 and issued a cheque which was subsequently dishonored. The case centers on the recovery of the borrowed amount plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.4,00,000 with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, awarding Rs. 4,00,000 plus interest. The suit was decreed as the plaintiff established her claim.
Why Plaintiff Won:
The evidence presented by the plaintiff clearly established her claim for the borrowed amount.
The evidence presented by the plaintiff clearly established her claim for the borrowed amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff clearly established her claim for the borrowed amount.
The evidence presented by the plaintiff clearly established her claim for the borrowed amount.
Supporting Evidence
The evidence on record clearly establishes that the defendant had borrowed Rs. 4 lakhs from the plaintiff and had issued Ext.A1 cheque towards repayment.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.4,00,000/- (Rupees Four Lakhs only) with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindhu P.S
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Geetha.R
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Cheque from the South Indian Bank, Cheque Return Memo, Advocate Notice, Postal Receipt, Statement of accounts from Pattathanam Service Cooperative Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Ushar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B. L. Prasasnth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs.4,00,000/- with interest at the rate of 12% 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 realization.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.4,00,000/- (Rupees Four Lakhs only) with interest at the rate of 12% 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 realization, from the defendant and her assets, with costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No. 701688 of South Indian Bank, Kollam branch, was produced and marked as Ext.A1.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Ext.A2, the cheque return memo would prove that, Ext.A1 was returned for the reason funds insufficient in the account of the defendant.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 would prove that a demand was made by the plaintiff to the defendant for the repayment of the amount covered by Ext.A1.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the postal receipt dated 20/06/2018.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the account statement of the plaintiff from the Pattathanam Service Cooperative Bank, Kadappakkada branch, which shows that the plaintiff has sufficient balance of amount in her account to pay the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Bindhu P.S vs Geetha.R regarding realization of money.
Case Code Year
Case between Bindhu P.S vs Geetha.R regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act