Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
ST-15/2023

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

Court
JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Judge
Miss. Abhinimol Rajendran
Order Date
2025-02-28
Duration
approximately-5 years 9 months
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Vaikom, Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Wed, 06/06/2018 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

Similar Cases

Case between Vadakkumcore Chit PVT Ltd. vs Haris regarding cheque dishonour.
Judicial First Class Magistrate-II, Vaikom
Criminal Case Defendant Won
Case between The Gentleman Finance Partnership vs Dineshkumar M.P. regarding offence under Section 138 of the Negotiable Instruments Act
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Criminal Case Plaintiff Won
Case between Gentleman Chits Funds Co. (India) Pvt. Ltd. vs Pratheesh Manoharan K. regarding Offence under N.I. Act.
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Criminal Case Defendant Won
Case between The Central Financial Credit and Investments Co-operative India Ltd. vs Shimla Suneer regarding U/s. 138 of N.I. Act.
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Criminal Case Plaintiff Won
Case between Nobi vs Rasheed P.S regarding dishonor of cheque under N.I. Act
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Criminal Case Plaintiff Won