Case Summary
The plaintiff, C A Najeeb, is a businessman who lent money to the defendant, A K Aslam, a friend. The defendant issued a cheque that was dishonoured, prompting the plaintiff to file this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff the sum of Rs.9,35,250/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay the principal sum along with interest and costs.
Why Plaintiff Won:
The plaintiff established his case with no rebuttal evidence from the defendant.
The plaintiff established his case with no rebuttal evidence from the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On perusal of plaint averments, affidavit of evidence and the documents produced, this court is satisfied that the plaintiff has established its case.
Judgment Evidence:
It is ordered that the defendant shall pay to the plaintiff the sum of Rs.9,35,250/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C A Najeeb
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- A K Aslam
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Promissory Note dated 30.11.2022, Cheque dated 20.01.2024, Dishonour memo dated 24.01.2024, Copy of the Notice dated 05.02.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinu Jacob Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay to the plaintiff the sum of Rs.9,35,250 with interest.
Evidence:
It is ordered that the defendant shall pay to the plaintiff the sum of Rs.9,35,250 (Rupees Nine Lakh Thirty Five Thousand Two Hundred and Fifty Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document establishes the amount loaned and the promise to repay the amount.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque represents the payment method used by the defendant for repayment.
Reference:
Ext.A2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo confirms that the cheque issued by the defendant was dishonoured due to insufficient funds.
Reference:
Ext.A3
Document Type:
Copy of the notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding payment after the dishonour of the cheque.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the notice to the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms that the defendant received the notice sent by the plaintiff.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between C A Najeeb vs A K Aslam regarding recovery of money
Case Code Year
Case between C A Najeeb vs A K Aslam regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act