Case Summary
Faisal K.S. filed a complaint against Benny Thomas for dishonour of a cheque issued for a loan. The court found Benny guilty of an offence under Section 138 of the Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.2,00,000/- (Rupees Two Lakhs only) to the complainant.
Case Type
Criminal Case
Final Judgment
No
The court convicted Benny Thomas for issuing a cheque that was dishonoured due to insufficient funds and sentenced him to undergo simple imprisonment and pay a compensation.
Why Plaintiff Won:
The cheque was dishonoured due to insufficient funds, and the complainant properly notified the accused in advance.
The cheque was dishonoured due to insufficient funds, and the complainant properly notified the accused in advance.
Losing Side's Weaknesses:
The cheque was dishonoured due to insufficient funds, and the complainant properly notified the accused in advance.
The cheque was dishonoured due to insufficient funds, and the complainant properly notified the accused in advance.
Supporting Evidence
It is evident that the cheque was dishonoured as 'funds insufficient'. The complainant issued Ext.P3, statutory notice to accused demanding the cheque amount.
Judgment Evidence:
In the result, the accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.2,00,000/- (Rupees Two Lakhs only) to the complainant as compensation u/s.357 (3) Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Faisal K.S.
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Benny Thomas
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Cheque No.369971, Dishonour memo, Copy of Lawyer’s Notice, Postal Receipt, Copy of delivery slip, Certificate issued from postal department
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Riyas Bin Kareem
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.2,00,000/- awarded to the complainant.
Evidence:
Accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.2,00,000/- (Rupees Two Lakhs only) to the complainant as compensation u/s.357 (3) Cr.PC.
Relief Type:
Other
Outcome:
Granted
Description:
Simple imprisonment till rising of the court.
Evidence:
Accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court.
Relief Type:
Other
Outcome:
Granted
Description:
Further period of simple imprisonment if compensation not paid.
Evidence:
In default of payment of compensation he has to undergo simple imprisonment for a further period of three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Accused executed Ext.P1 cheque bearing No.369971 dated 13.11.2018 drawn on his account for Rs.1,78,000/- in favour of complainant towards the debt.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Cheque was dishonoured for the reason 'funds insufficient'.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to accused demanding payment after cheque dishonour.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt serving as evidence of notice delivery.
Reference:
Ext.P4
Document Type:
Delivery slip
Submitted By:
Plaintiff
Relevance:
Copy of delivery slip showing receipt of notice by accused.
Reference:
Ext.P5
Document Type:
Certificate from Postal Department
Submitted By:
Plaintiff
Relevance:
Certificate issued from postal authorities showing the receipt of Ext.P3 by accused.
Reference:
Ext.P6
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2023
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months