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
The accused, Amjit Hashmi, was found guilty of dishonoring a cheque and was sentenced to imprisonment and required to pay compensation to the complainant.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The evidence of the complainant, coupled with the exhibits, sufficiently proved the existence of a legally enforceable debt.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Firoz
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Siddeeq
- Party Age
- 29
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Amjit Hashmi
- Party Age
- 35
Plaintiffs Documents
Cheque No.10035321 for Rs.20,00,000/-, Memo issued by Federal Bank, Copy of Lawyer notice, Postal Receipt, Acknowledgement card
Defendants Documents
Lawyer Notice
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.C Naseer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.P Abdul Jabbar
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Firoz vs Amjit Hashmi regarding dishonor of cheque
Case Code Year
Case between Firoz vs Amjit Hashmi regarding dishonor of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
4 months