Case Summary
George is the plaintiff who operates a fuel business and alleges that Vineesh, the defendant, owes him money for diesel purchased on credit. The case revolves around the dishonouring of a cheque issued by the defendant towards this debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to pay the amount of Rs. 1,50,000/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay the amount due along with interest. The plaintiff's evidence was deemed unchallenged.
Why Plaintiff Won:
The evidence tendered by the plaintiff stood unchallenged, proving the liability of the defendant.
The evidence tendered by the plaintiff stood unchallenged, proving the liability of the defendant.
Losing Side's Weaknesses:
The evidence tendered by the plaintiff stood unchallenged, proving the liability of the defendant.
The evidence tendered by the plaintiff stood unchallenged, proving the liability of the defendant.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A3 stands unchallenged. No contra evidence adduced.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is hereby directed to pay the amount of Rs. 1,50,000/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- George
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vineesh M. B.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Cheque No. 683229052 dated 01.10.2021 for Rs. 1,50,000/-, Return Memo dated 05.10.2021, Office copy of lawyer notice dated 20.10.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T V Eldo
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested recovery of the cheque amount with interest.
Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is hereby directed to pay the amount of Rs. 1,50,000/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant for part discharge of the outstanding amount.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo indicating that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the defendant demanding payment after the cheque was dishonoured.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Cheque dishonour
Case Code
OS.
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour