Case Summary
Complainant alleged that the accused issued a cheque which bounced due to insufficient funds. The accused failed to pay the cheque amount within the statutory period, resulting in an offence u/s 138 of N.I. Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.2,00,000 with compensatory payment to complainant
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Accused found guilty of cheque dishonour u/s 138 of N.I. Act and sentenced to pay a fine of Rs.2,00,000. In default, to undergo 4 months of simple imprisonment.
Why Plaintiff Won:
The complainant successfully established that the accused issued the cheque towards a legally enforceable debt and failed to pay within the statutory period.
The complainant successfully established that the accused issued the cheque towards a legally enforceable debt and failed to pay within the statutory period.
Losing Side's Weaknesses:
The complainant successfully established that the accused issued the cheque towards a legally enforceable debt and failed to pay within the statutory period.
The complainant successfully established that the accused issued the cheque towards a legally enforceable debt and failed to pay within the statutory period.
Supporting Evidence
The complainant adduced evidence regarding the transaction between ... issued cheque containing the signature of the accused, leading to a legally enforceable debt.
Judgment Evidence:
The accused is found guilty and convicted for the offence ... and sentenced to pay a fine of Rs.2,00,000...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Haris T. E.
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Semeer
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Ext.P1 - Cheque, Ext.P2 - Return memo, Ext.P4 - Lawyer notice, Ext.P6 - Returned notice
Defendants Documents
D1 - Certified copy of passport No.K4043159, D2 - Certified copy of passport No.E4928161
Advocates
Reliefs
Relief Type:
Fine
Outcome:
Granted
Description:
Fine of Rs.2,00,000 with compensatory payment to complainant
Evidence:
The accused is found guilty and convicted for the offence ... and sentenced to pay a fine of Rs.2,00,000...
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment for 4 months
Evidence:
In default of payment of fine, the accused shall undergo simple imprisonment for a period of 4 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidenced the issuance of the cheque by the accused
Reference:
Ext.P1
Document Type:
Passport Copy
Submitted By:
Defendant
Relevance:
Submitted as evidence by the accused
Reference:
D1
Case Classification
Case Type
Criminal Case - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
ST.
Case Code Year
2014
Case Flags
Cheque-Related Case
Imprisonment Involved
Arrest Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
4 months