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ST-05/2023

Case between The Central Financial Credit and Investments Co-operative India Ltd. vs Shimla Suneer regarding U/s. 138 of N.I. Act.

Court
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Judge
Miss. Abhinimol Rajendran
Order Date
2025-01-24
Duration
approximately-3 years 1 day
Case Closed
Fri, 01/24/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The complainant, a cooperative society, filed a case against the accused for defaulting on loan repayments and dishonoring a cheque. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.

Judgment Outcome

Plaintiff Won
Interim Order
The accused has been found guilty and sentenced to simple imprisonment and a fine for dishonoring a cheque.
Judgment Favored
Plaintiff
Relief Granted
Simple imprisonment till rising of the court and to pay a fine of ₹.5,00,000/-.
Case Type
Criminal Case
Final Judgment
No
The accused has been found guilty and sentenced to simple imprisonment and a fine for dishonoring a cheque.
Why Plaintiff Won:
The court ruled in favor of the complainant, establishing the issuance of the cheque in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The court ruled in favor of the complainant, establishing the issuance of the cheque in discharge of a legally enforceable debt.
Supporting Evidence
The factual basis for raising presumption has been established by the complainant satisfactorily and it is obligatory on the part of the Court to raise presumption u/s 139 of the Negotiable Instruments Act, 1881 in favour 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 ₹.5,00,000/- under Section 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Central Financial Credit and Investments Co-operative India Ltd.
Relation
Represented by
Party Role
Defendant
Party Name
Shimla Suneer
Party Age
30
Relation
W/o
Plaintiffs Documents
Cheque bearing No.146773 dated 09.01.2018 for Rs.2,85,968/-, Dishonour memo dated 15.01.2018, Office copy of lawyer's notice dated 20.01.2018.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv.Sri.Sreekanth Soman
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. Sri.Hari Mohan
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Accused is sentenced to undergo simple imprisonment and to pay a fine.
Evidence:
Accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.5,00,000/- under Section 138 of the Negotiable Instruments Act.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Issued by the accused to discharge the liability of Rs.2,85,968/-.
Reference:
Ext.P1
Document Type: Dishonour memo
Submitted By: Plaintiff
Relevance:
Shows that Ext.P1 cheque was dishonoured for the reason funds insufficient.
Reference:
Ext.P2
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Statutory notice issued by the complainant against the accused.
Reference:
Ext.P3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Confirms the sending of the statutory notice to the accused.
Reference:
Ext.P4
Document Type: A/d Card
Submitted By: Plaintiff
Relevance:
Confirms receipt of the statutory notice by the accused.
Reference:
Ext.P5
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt issued by the Central Financial Credit and Investment Co-operative India Ltd.
Reference:
Ext.P6
Document Type: Board Resolution
Submitted By: Plaintiff
Relevance:
True copy of the Board Resolution related to the complainant.
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 Investments Co-operative India Ltd. vs Shimla Suneer regarding U/s. 138 of N.I. Act.
Case Code Year
Case between The Central Financial Credit and Investments Co-operative India Ltd. vs Shimla Suneer regarding U/s. 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
Till rising of the court

Quick Facts

Location
Vaikom, Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Sat, 01/20/2018 - 12:00
Case Closed
Fri, 01/24/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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