Case Summary
Buhuleyan V.V is the plaintiff who loaned Rs. 5,50,000 to Shaji P.S for purchasing gymnasium machinery, but the loan was not repaid. The cheque issued in repayment was dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay the plaintiff Rupees Rs. 6,58,500/- along with interest at the rate of 9% per annum from the date of the suit till the date of the decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 6,58,500 with interest. Costs were awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully established the dishonor of the cheque and the existence of the debt.
The plaintiff successfully established the dishonor of the cheque and the existence of the debt.
Losing Side's Weaknesses:
The plaintiff successfully established the dishonor of the cheque and the existence of the debt.
The plaintiff successfully established the dishonor of the cheque and the existence of the debt.
Supporting Evidence
It is apparent that the defendant has taken a false and bogus plea about the misuse of the cheque. Accordingly, the issue is answered in favour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows, Defendants shall pay the plaintiff Rupees Rs. 6,58,500/- along with interest at the rate of 9% per annum from the date of the suit till the date of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Buhuleyan V.V
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaji P.S
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Original cheque bearing number 047130 drawn against State Bank of India, High Court Branch for an amount of Rs. 5,50,000/-, confirmation letter issued by the Branch Manager, State Bank of India, Kumbalam Branch, office copy of the registered lawyer notice issued by the counsel for the Plaintiff to the defendant.
Defendants Documents
Certified copy of complaint in C.C no. 1614/2019 of Judicial First Class Magistrate Court-VIII, Ernakulam, Certified copy of complaint in C.C no. 147/2022 of Judicial First Class Magistrate Court-III, Ernakulam.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.P.Stella
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bijimon C.Cherian
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- D.M.Sajeevan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay plaintiff Rs. 6,58,500 along with interest.
Evidence:
The suit is decreed as follows, Defendants shall pay the plaintiff Rupees Rs. 6,58,500/- along with interest at the rate of 9% per annum from the date of the suit till the date of the decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 9% per annum from the suit date till the decree date.
Evidence:
This court finds the rate of interest reasonable for the suit period and is pleased to grant the same.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Therefore, the issue as to costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The document is the cheque issued by the defendant for the loan which was dishonoured.
Reference:
Ext.A1
Document Type:
Confirmation letter
Submitted By:
Plaintiff
Relevance:
This document serves as a confirmation regarding the cheque return due to insufficient funds.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the defendant informing him about the dishonored cheque and demanding payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidencing the dispatch of the lawyer's notice to the defendant.
Reference:
Ext.A4
Document Type:
Letter addressed to counsel
Submitted By:
Plaintiff
Relevance:
A letter from the senior postmaster related to the delivery of the notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Delivery slip
Submitted By:
Plaintiff
Relevance:
The delivery slip from the Registration Department pertaining to the legal notice.
Reference:
Ext.A6
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
This document pertains to a complaint filed by the plaintiff in connection with another case.
Reference:
Ext.B1
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
Another complaint filed by the plaintiff relevant to the defendant's claims.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Buhuleyan V.V vs Shaji P.S regarding loan recovery
Case Code Year
Case between Buhuleyan V.V vs Shaji P.S regarding loan recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act