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
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
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.
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.
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.
Losing Side's Weaknesses:
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.
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.
Supporting Evidence
The complainant successfully established that the accused executed and issued Ext. P1 cheque in discharge of legally enforceable debt of Rs.2,00,000/- to the complainant...
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
Parties
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Complainant
- Advocate Name
- Sri. KK Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Accused
- Advocate Name
- Bindhu Advocate
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Criminal Case - Cheque Dishonour (Section 138 N.I. Act)
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between C.Krishnan kutty vs Koyakutty regarding dishonour of cheque
Case Code Year
Case between C.Krishnan kutty vs Koyakutty regarding dishonour of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Arrest Involved
Nature of Cheque Case
Imprisonment Duration
1 month