Case Summary
Global Financiers, represented by its managing partner Siby Antony, filed a complaint against George Dominic for dishonouring a cheque. The cheque was issued in repayment of a loan of Rs. 5,00,000/- which was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.6,25,000/-
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty of the offence under Section 138 of the Negotiable Instruments Act and imposed sentence including simple imprisonment and compensation to the complainant.
Why Plaintiff Won:
The complainant proved the execution of the cheque and the dishonour due to insufficient funds, with the necessary legal notices being duly served.
The complainant proved the execution of the cheque and the dishonour due to insufficient funds, with the necessary legal notices being duly served.
Losing Side's Weaknesses:
The complainant proved the execution of the cheque and the dishonour due to insufficient funds, with the necessary legal notices being duly served.
The complainant proved the execution of the cheque and the dishonour due to insufficient funds, with the necessary legal notices being duly served.
Supporting Evidence
The cheque was presented by the complainant through the bank where the complainant maintains its account. This was dishonoured with the intimation ‘Funds Insufficient’. Therefore it is evident that the cheque was dishonoured due to insufficiency of fund.
Judgment Evidence:
In the result, the accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.6,25,000/- (Rupees Six Lakhs Twenty Five Thousand only) to the complainant as compensation u/s.357 (3) Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Global Financiers
- Party Role
- Defendant
- Party Name
- George Dominic
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Promissory note, Cheque, Cheque return memo, Lawyers Notice, Postal receipt, AD card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alex J. Idaykattu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Reghu B. Menon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid by the accused to the complainant.
Evidence:
Accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.6,25,000/- (Rupees Six Lakhs Twenty Five Thousand only) to the complainant as compensation u/s.357 (3) Cr.PC.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Sentence of imprisonment for non-payment of the cheque amount.
Evidence:
In default of payment of compensation he has to undergo simple imprisonment for a further period of three months.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Proves the loan agreement between the complainant and the accused.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused to the complainant for the repayment of the loan.
Reference:
Ext.P2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Confirms that the cheque was dishonoured due to insufficiency of funds.
Reference:
Ext.P3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused regarding the dishonoured cheque.
Reference:
Ext.P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the accused.
Reference:
Ext.P5
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the accused.
Reference:
Ext.P6
Document Type:
Statement of Accounts
Submitted By:
Court
Relevance:
Shows the transfer of the loan amount from the complainant's account to the accused's account.
Reference:
Ext.X1
Document Type:
Form B
Submitted By:
Court
Relevance:
Confirms that the complainant firm is a licensed financial institution.
Reference:
Ext.X2
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
S.T.
Case Code Year
2021
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months