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S.T. No:51/2016

Case between C.Krishnan kutty vs Koyakutty regarding dishonour of cheque

Court
Court of Judicial First Class Magistrate-II
Judge
Smt. Vincy T.V.
Order Date
2017-10-30
Duration
1 year, 5 months, 8 days
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Case Summary

Complaint filed against the accused for dishonour of cheque issued towards repayment of a loan, resulting in conviction under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Plaintiff Won
Interim Order
The accused was found guilty of dishonouring a cheque and sentenced to imprisonment till the court rises, along with a compensation of Rs. 2,00,000 to the complainant under section 357(3) of Cr.P.C.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 2,00,000 and imprisonment
Case Type
Criminal Case - Cheque Dishonour (Section 138 N.I. Act)
Final Judgment
No
Why Plaintiff Won:
The complainant successfully proved that the accused issued a cheque towards a legally enforceable debt of Rs. 2,00,000 and failed to pay within the statutory period, resulting in conviction under section 138 of the Negotiable Instruments Act.

Judgment Evidence:

In the result 1 the accused is found guilty and ... sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs. 2,00,000/- to the complainant u/s 357(3) of the Cr.P.C. In default of payment of compensation, the accused shall undergo simple imprisonment for 1 month.

Parties Involved

Plaintiffs

C.Krishnan kutty (Age not specified years) Chanayi House, PO Tirur

Defendants

Koyakutty (Age not specified years) Mulayathil House, Po. K.Puram

Reliefs

Relief Type: Compensation
Outcome: Granted
Description:
Compensation of Rs. 2,00,000 to the complainant under section 357(3) of Cr.P.C.
Evidence:
Relief Type: Imprisonment
Outcome: Granted
Description:
Imprisonment till the court rises.
Evidence:

Documents & Evidence

Document Type: Cheque
Submitted By: Complainant
Relevance:
Cheque issued by the accused towards the repayment of Rs. 2,00,000 loan.
Reference:
Ext.P1
Document Type: Lawyer Notice
Submitted By: Complainant
Relevance:
Notice regarding dishonour of cheque and demand for repayment.
Reference:
Ext.P4
Document Type: Postal receipt
Submitted By: Complainant
Relevance:
Related to communication with the accused.
Reference:
Ext.P5

Quick Facts

Location
Tirur
Case Filed
Sun, 05/22/2016 - 12:00
Outcome Confidence
95%

Involved Entities

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