Case Summary
The complainant, Haseena T. K., alleges that the accused, Latheef P. K., borrowed Rs. 16,00,000/- for medical equipment and issued three cheques which were dishonored due to insufficient funds. The court found the accused guilty under the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹32,00,000.
Case Type
Criminal Case
Final Judgment
No
The court convicted the accused for the offence of dishonoring cheques and sentenced him to undergo simple imprisonment and pay a fine.
Why Plaintiff Won:
The complainant successfully proved the existence of legally enforceable debt through sufficient evidence.
The complainant successfully proved the existence of legally enforceable debt through sufficient evidence.
Losing Side's Weaknesses:
The complainant successfully proved the existence of legally enforceable debt through sufficient evidence.
The complainant successfully proved the existence of legally enforceable debt through sufficient evidence.
Supporting Evidence
Thus, the court comes to the following conclusions that Exhibit P1, P2 and P3 Cheques are duly executed and handed over by the accused to the complainant for a legally enforceable debt.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹32,00,000/- (Rupees Thirty Two Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Haseena T. K.
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Latheef P. K.
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Exhibit P1: Cheque No.205327 for Rs.8,50,000/-, Exhibit P2: Cheque No.205319 for Rs.5,00,000/-, Exhibit P3: Cheque No.205322 for Rs.2,50,000/-
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vimesh K. P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ratheesh Kumar K. K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Accused is ordered to pay a fine as compensation for the dishonored cheques.
Evidence:
the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 32,00,000/₹ (Rupees Thirty Two Lakhs Only)
Relief Type:
Possession
Outcome:
Granted
Description:
Accused shall undergo Simple Imprisonment for a period of six months in default of payment of fine.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P3
Document Type:
Memo showing Funds Insufficient
Submitted By:
Plaintiff
Relevance:
Memo related to the dishonor of Ext.P1 due to insufficient funds.
Reference:
Ext.P4
Document Type:
Memo showing Funds Insufficient
Submitted By:
Plaintiff
Relevance:
Memo related to the dishonor of Ext.P2 due to insufficient funds.
Reference:
Ext.P5
Document Type:
Memo showing Funds Insufficient
Submitted By:
Plaintiff
Relevance:
Memo related to the dishonor of Ext.P3 due to insufficient funds.
Reference:
Ext.P6
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the accused regarding the dishonor of the cheques.
Reference:
Ext.P7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice to the accused.
Reference:
Ext.P8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice by the accused.
Reference:
Ext.P9
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Haseena T. K. vs Latheef P. K. regarding dishonor of cheques.
Case Code Year
Case between Haseena T. K. vs Latheef P. K. regarding dishonor of cheques.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months