Case Summary
Dr. Jobin Jacob is the plaintiff who is seeking recovery of money from the defendant, Sulfikar, due to a dishonored cheque. The case involves a business transaction where the defendant failed to repay the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to pay the amount of Rs. 27,917/- along with 12% per annum interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the amount due along with interest. The plaintiff provided unchallenged evidence supporting his claim.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and the documents produced proved the case of the plaintiff.
The unchallenged evidence of the plaintiff and the documents produced proved the case of the plaintiff.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and the documents produced proved the case of the plaintiff.
The unchallenged evidence of the plaintiff and the documents produced proved the case of the plaintiff.
Supporting Evidence
The unchallenged evidence of PW1 and documents marked as Ext. A1 to A4 proves the case of the plaintiff, thereby, the liability of the defendant towards the plaintiff stands proved.
Judgment Evidence:
In the result, suit decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 27,917/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Jobin Jacob
- Party Age
- 40
- Party Role
- Defendant
- Party Name
- Sulfikar
- Relation
- S/o
Plaintiffs Documents
Cheque No.209715, Cheque return memo, Office copy of the lawyer notice, Returned postal cover with acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sony P. Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant along with interest.
Evidence:
In the result, suit decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 27,917/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant in favor of the plaintiff for discharging a liability.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document indicating that the cheque was returned due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A notice sent by the plaintiff to the defendant demanding payment after the cheque dishonor.
Reference:
Ext.A3
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Document confirming the delivery of the notice to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Cheque dishonour
Case Code
Case between Dr. Jobin Jacob vs Sulfikar regarding recovery of money
Case Code Year
Case between Dr. Jobin Jacob vs Sulfikar regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act