Case Summary
Plaintiff Hameed filed a suit against defendant Nasar to realize Rs.3,00,000 with interest due to dishonored cheque under Section 138 of Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Realization with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to pay Rs.3,00,000 with interest at 12% per annum from 15.11.2013 till the date of filing of the suit and at 6% per annum thereafter till realization.
Why Plaintiff Won:
The suit was decreed in favor of the plaintiff due to unchallenged evidence and proof of dishonored cheque repayment.
The suit was decreed in favor of the plaintiff due to unchallenged evidence and proof of dishonored cheque repayment.
Losing Side's Weaknesses:
The suit was decreed in favor of the plaintiff due to unchallenged evidence and proof of dishonored cheque repayment.
The suit was decreed in favor of the plaintiff due to unchallenged evidence and proof of dishonored cheque repayment.
Supporting Evidence
Since the defendant opted to remained exparte the evidence adduced by the plaintiff remains unchallenged. Plaintiff proved his case with cogent and reliable evidence. Hence the suit is decreed as follows.
Judgment Evidence:
I. Defendant is directed to pay the amount of Rs.3,00,000/- (Rupees three lakhs only) with an interest at @ 12% per annum from 15.11.2013 till the date of filing of the suit and thereafter with an interest @ 6% per annum till the date of realisation. II. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hameed
- Party Age
- 51
- Relation
- S/o. Kunhahammedkutty
- Party Role
- Defendant
- Party Name
- Nasar K
- Party Age
- 49
- Relation
- S/o. Pokkar @ Bava
Plaintiffs Documents
Certified copy of cheque, Certified copy of Memo, Registered lawyer notice with Postal receipts, Certified copy of Acknowledgment card, Statement of account
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jaseena. C.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Jamshid Rahman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
Plaintiff to be paid Rs.3,00,000 with interest as specified
Evidence:
Defendant is directed to pay the amount of Rs.3,00,000/- (Rupees three lakhs only) with an interest at @ 12% per annum from 15.11.2013 till the date of filing of the suit and thereafter with an interest @ 6% per annum till the date of realisation.
Documents & Evidence
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Proof of amount transaction
Reference:
A1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Evidence of insufficient funds in the account
Reference:
A2
Document Type:
Registered Lawyer notice with postal receipts
Submitted By:
Plaintiff
Relevance:
Communication of intent for repayment
Reference:
A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of notice by defendant
Reference:
A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Financial transaction details
Reference:
A6
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dishonored cheque repayment
Case Code
Case between Hameed vs Nasar regarding money realization
Case Code Year
Case between Hameed vs Nasar regarding money realization
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act