Case Summary
The case involves a complaint filed by The Gentleman Finance Partnership against Dineshkumar M.P. for defaulting on a loan repayable via a cheque. The complaint alleges that the cheque was dishonoured due to insufficient funds.
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 ₹1,80,000/-
Case Type
Criminal Case
Final Judgment
No
The court found the defendant guilty of the offence under Section 138 of the Negotiable Instruments Act and imposed a sentence of simple imprisonment along with a monetary fine.
Why Plaintiff Won:
The complainant successfully proved the issuance and dishonour of the cheque along with compliance to statutory requirements.
The complainant successfully proved the issuance and dishonour of the cheque along with compliance to statutory requirements.
Losing Side's Weaknesses:
The complainant successfully proved the issuance and dishonour of the cheque along with compliance to statutory requirements.
The complainant successfully proved the issuance and dishonour of the cheque along with compliance to statutory requirements.
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.
Judgment Evidence:
In the result, accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.1,80,000/- (Rupees One Lakh eighty Thousand only) under Section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Gentleman Finance Partnership
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Anilkumar K.G
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dineshkumar M.P.
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Power of Attorney dated 02.03.2022, Cheque bearing No.405803 dated 20.12.2016 for Rs.1,00,000/- drawn on State Bank of India, Arunnoottimangalam Branch, Memo dated 12.01.2017, Memo dated 10.01.2017, Office copy of lawyer's notice dated 09.02.2017, Postal Receipt dated 09.02.2017, A/D card dated 13.02.2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sri.N Sreejith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sri.Aneesh Gopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Fine imposed on the accused for the offence under Section 138.
Evidence:
Accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹1,80,000/- under Section 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment for the accused.
Evidence:
In default, to undergo simple imprisonment for three months.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support the complainant's case.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by the accused to discharge liability.
Reference:
Ext.P2
Document Type:
Memo
Submitted By:
Court
Relevance:
Indicates that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P3
Document Type:
Memo
Submitted By:
Court
Relevance:
Indicates that the cheque was received unpaid by the complainant's bank.
Reference:
Ext.P4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Sent to the accused for the cheque's dishonour.
Reference:
Ext.P5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.P6
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer's notice by the accused.
Reference:
Ext.P7
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 The Gentleman Finance Partnership vs Dineshkumar M.P. regarding offence under Section 138 of the Negotiable Instruments Act
Case Code Year
Case between The Gentleman Finance Partnership vs Dineshkumar M.P. regarding offence 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