Case Summary
The Central Financial Credit and Investment Co-operative India Ltd. filed a complaint against Gladson K.V. for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act. The accused allegedly issued a cheque which was returned unpaid due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.1,30,000/-.
Case Type
Criminal Case
Final Judgment
No
Gladson K.V was found guilty and sentenced to simple imprisonment and a fine for the offence under Section 138 of the Negotiable Instruments Act.
Why Plaintiff Won:
The complainant provided sufficient evidence proving the issuance of the cheque and the subsequent dishonour due to insufficient funds.
The complainant provided sufficient evidence proving the issuance of the cheque and the subsequent dishonour due to insufficient funds.
Losing Side's Weaknesses:
The complainant provided sufficient evidence proving the issuance of the cheque and the subsequent dishonour due to insufficient funds.
The complainant provided sufficient evidence proving the issuance of the cheque and the subsequent dishonour due to insufficient funds.
Supporting Evidence
Once execution of cheque is proved by complainant, then burden is heavy on the accused to prove the circumstances under which cheque reached in the hands of complainant.
Judgment Evidence:
In the result, accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.1,30,000/- (Rupees One Lakhs Thirty Thousand only) under Section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Central Financial Credit and Investment Co-operative India Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Gladson K.V
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.000999 dated 05.03.2018 for Rs.81,000/-, Dishonour memo dated 26.04.2018, Office copy of lawyer's notice dated 16.05.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sri.Sreekanth Soman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sri.Albert Antony
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Accused is sentenced to undergo simple imprisonment and pay a fine.
Evidence:
Accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.1,30,000/- under Section 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Accused issued this cheque to discharge a liability to the complainant.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that Ext.P1 cheque was dishonored due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This is the statutory notice sent to the accused after the dishonour of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is proof of sending the lawyer's notice to the accused.
Reference:
Ext.P4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
This card shows that the accused received the lawyer's notice.
Reference:
Ext.P5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt indicates that the accused had taken a loan from the complainant's firm.
Reference:
Ext.P6
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
This resolution certifies the authority of the complainant's representative in the case.
Reference:
Ext.P7
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
Case between The Central Financial Credit and Investment Co-operative India Ltd. vs Gladson K.V regarding offence under Section 138 of N.I. Act
Case Code Year
Case between The Central Financial Credit and Investment Co-operative India Ltd. vs Gladson K.V regarding offence under Section 138 of N.I. Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months