Case Summary
Firoz filed a complaint against Amjit Hashmi for issuing a dishonored cheque under section 138 of the Negotiable Instruments Act. The court found Amjit guilty and imposed a sentence along with compensation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.20,00,000/-
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
The execution of the cheque was duly proven along with the statutory notice served prior to filing the complaint.
The execution of the cheque was duly proven along with the statutory notice served prior to filing the complaint.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.20,00,000/- (Rupees Twenty Lakh only).
Parties Involved
Plaintiffs
Firoz (39 years)
Thottupurathu House, Kolathol P.O, Tirur Taluk, Malappuram Dist
Siddeeq (29 years)
Chenganakkattil House, Naduvattom P.O, Tirur Taluk, Malappuram Dist
Defendants
Amjit Hashmi (35 years)
Pullattil House, Perassennur Post, Kuttipuram, Tirur Taluk, Malappuram, PIN: 679571
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Order for the accused to pay compensation of Rs. 20,00,000 to the complainant.
Evidence:
The Accused is found guilty and convicted for an offence punishable u/s 138 of the Negotiable Instrument Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.20,00,000/- (Rupees Twenty Lakh only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Other
Outcome:
Granted
Description:
Imprisonment for default of payment.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for 4 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused towards discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Bank Memo
Submitted By:
Court
Relevance:
Memo issued by the bank stating the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice sent to the accused demanding payment after cheque dishonour.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt evidencing the sending of the lawyer notice.
Reference:
Ext.P3(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card evidencing service of statutory notice on the accused.
Reference:
Ext.P4
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Lawyer notice issued by the defendant.
Reference:
Exbt. D1