Case Summary
The complainant, Gentleman Chits Funds Company, alleged that the accused, Aswathy P.P., defaulted on payment concerning a chitty transaction and issued a dishonored cheque. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹. 1,50,000/-.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of issuing a dishonored cheque in relation to a chitty transaction and sentenced accordingly.
Why Plaintiff Won:
The complainant proved the issuance of the cheque and the default in payment beyond reasonable doubt.
The complainant proved the issuance of the cheque and the default in payment beyond reasonable doubt.
Losing Side's Weaknesses:
The complainant proved the issuance of the cheque and the default in payment beyond reasonable doubt.
The complainant proved the issuance of the cheque and the default in payment beyond reasonable doubt.
Supporting Evidence
The factual basis for raising presumption has been established by the complainant satisfactorily and it is obligatory on the part of the Court to raise presumption u/s 139 of the Negotiable Instruments Act, 1881 in favour of complainant.
Judgment Evidence:
In the result, accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹.1,50,000/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gentleman Chits Funds Company (India) Private Ltd.
- Party Role
- Plaintiff
- Party Name
- Anilkumar K.G.
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aswathy P.P.
- Party Age
- 30
- Relation
- W/o
Plaintiffs Documents
Minutes of the meeting, Chitty agreement, Debit slip, Cheque, Cheque return memo, Intimation memo, Office copy of lawyer's notice, A/D card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Sreejith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.R.Rajith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Sentencing of the accused to imprisonment and fine.
Evidence:
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹. 1,50,000/- (Rupees One Lakh Fifty Thousand only) under Section 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Partly Granted
Description:
Imprisonment in default of payment of fine.
Evidence:
In default, to undergo simple imprisonment for three months.
Documents & Evidence
Document Type:
Minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Document showing authorization from the company regarding the complaint.
Reference:
Ext.P1
Document Type:
Chitty Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the chitty subscribed by the accused.
Reference:
Ext.P2
Document Type:
Debit Slip
Submitted By:
Plaintiff
Relevance:
Financial record related to the chitty transaction.
Reference:
Ext.P3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused for the settled amount.
Reference:
Ext.P4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating that the cheque was dishonored.
Reference:
Ext.P5
Document Type:
Intimation Memo
Submitted By:
Plaintiff
Relevance:
Notification related to the dishonor of the cheque.
Reference:
Ext.P6
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused regarding the cheque.
Reference:
Ext.P7
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the accused.
Reference:
Ext.P8
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
Case between Gentleman Chits Funds Company (India) Private Ltd. vs Aswathy P.P. regarding offence punishable under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between Gentleman Chits Funds Company (India) Private Ltd. vs Aswathy P.P. regarding offence punishable under Section 138 of 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
3 months