Case Summary
Complaint filed against accused for dishonouring a cheque issued to the complainant. Accused found guilty and sentenced to pay a fine of Rs.4,00,000 or face 5 months of simple imprisonment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.4,00,000 under Section 357(3) Cr.P.C.
Case Type
Civil Suit - Cheque Dishonour
Final Judgment
No
Accused found guilty of cheque dishonour under Section 138 of NI Act, sentenced to pay fine of Rs.4,00,000 or face 5 months imprisonment.
Why Plaintiff Won:
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
Losing Side's Weaknesses:
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
Supporting Evidence
In a prosecution for offence u/s 138 of N.I.Act, the burden is on the complainant to prove that there was legally enforceable debt or liability...
Judgment Evidence:
The accused is found guilty and convicted for the offence punishable u/s 138 of the Negotiable Instruments Act...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Haris.T.E.
- Party Age
- 39
- Relation
- Son of Abdu Rahiman
- Party Role
- Defendant
- Party Name
- Semeer
- Party Age
- 38
- Relation
- Son of Dr. Mohammedali
Plaintiffs Documents
Ext.P1 - Cheque, Ext.P2 - Memo from IDBI, Ext.P4 - Lawyer Notice
Defendants Documents
D1- Certified copy of Passport No.E 4928161, D2- Certified copy of Passport No.K 4043159
Advocates
Reliefs
Relief Type:
Recovery
Outcome:
Unknown
Description:
Recovery of the cheque amount through fine or imprisonment
Evidence:
Accused found guilty of cheque dishonour under Section 138 of NI Act, sentenced to pay a fine or face imprisonment.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo from IDBI Bank regarding cheque bounce
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to accused demanding payment of cheque amount
Reference:
Ext.P4
Document Type:
Certified copy of passport
Submitted By:
Defendant
Relevance:
Accused's passport submitted as evidence
Reference:
D1
Document Type:
Certified copy of passport
Submitted By:
Defendant
Relevance:
Another copy of Accused's passport submitted as evidence
Reference:
D2
Case Classification
Case Type
Civil Suit - 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
Nature of Cheque Case