Case Summary
Faisal, the complainant, has accused Rahees of dishonoring a cheque of Rs. 6,00,000 issued for a loan. The court found Rahees guilty of the offense under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of Rs. 12,00,000/-.
Case Type
Criminal Case
Final Judgment
No
The court convicted Rahees for dishonoring the cheque and ordered him to undergo simple imprisonment and pay a fine.
Why Plaintiff Won:
The complainant proved the execution of the cheque and the subsequent dishonor due to insufficient funds.
The complainant proved the execution of the cheque and the subsequent dishonor due to insufficient funds.
Losing Side's Weaknesses:
The complainant proved the execution of the cheque and the subsequent dishonor due to insufficient funds.
The complainant proved the execution of the cheque and the subsequent dishonor due to insufficient funds.
Supporting Evidence
The signature in the cheque is admitted by the accused, it is proved that Ext.P1 cheque is issued for a discharge of a legally enforceable debt or liability.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Faisal
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahees
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Cheque No. 194681 for Rs.6,00,000/- of Canara Bank, return memo, lawyer notice, postal receipt, notice returned unclaimed, agreement between the accused and complainant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- I. Rajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation for the dishonor of the cheque.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 12,00,000₹/- (Rupees Twelve Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused to the complainant for the discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo notifying that the cheque was returned unpaid for insufficient funds.
Reference:
Ext.P2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice issued to the accused informing about the dishonor of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The receipt proving that the lawyer notice was sent.
Reference:
Ext.P4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The notice returned unclaimed stating that the accused had left the country.
Reference:
Ext.P5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement detailing the repayment terms between the complainant and the accused.
Reference:
Ext.P6
Document Type:
Decree and Judgment
Submitted By:
Unknown
Relevance:
The judgment of Munsiff Court, Nadapuram in OS 56/2020.
Reference:
Ext.P7
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Faisal vs Rahees regarding dishonor of cheque under the Negotiable Instruments Act
Case Code Year
Case between Faisal vs Rahees regarding dishonor of cheque under the Negotiable Instruments Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months