Case Summary
The complainant, Indiveetil Ibrahim, accused the defendant, Manakkattu Parambil Ismayil, of issuing a dishonored cheque. The court found the defendant guilty under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 400,000/- to the complainant.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of the offence under section 138 of the Negotiable Instruments Act and was sentenced to imprisonment. Additionally, he was ordered to pay compensation to the complainant.
Why Plaintiff Won:
The complainant proved that the cheque was issued in discharge of a legally enforceable liability.
The complainant proved that the cheque was issued in discharge of a legally enforceable liability.
Losing Side's Weaknesses:
The complainant proved that the cheque was issued in discharge of a legally enforceable liability.
The complainant proved that the cheque was issued in discharge of a legally enforceable liability.
Supporting Evidence
The complainant has proved that the accused had executed and issued Exbt.P1 cheque to him in discharge of a debt. Once the complainant discharges his initial burden, accused has a burden to rebut the presumption envisaged under section 139 of the Negotiable Instruments Act.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.400,000/- (Rupees Four Lakh only) under section 357(3) of the Code of Criminal Procedure for the offence punishable under section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indiveetil Ibrahim
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manakkattu Parambil Ismayil
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Cheque No.255386 dated 30.08.2013, Memo issued by State Bank of Travancore dated 30.08.2013, Copy of Lawyer notice dated 11.09.2013, Postal Receipt dated 11.09.2013, Acknowledgement card dated 17.09.2013
Defendants Documents
Agreement
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.V Bindu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation awarded to the complainant for the dishonoured cheque.
Evidence:
The accused is directed to pay compensation of Rs.4,00,000/- to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment imposed in default of payment of the compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a period of 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused to the complainant as evidence of the debt.
Reference:
Ext.P1
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
The memorandum from the bank indicating that the cheque was returned unpaid.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the accused demanding payment for the dishonoured cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence that the accused received the lawyer's notice.
Reference:
Ext.P5
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
The agreement presented by the defendant to support his claim regarding the cheque.
Reference:
Ext.D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Indiveetil Ibrahim vs Manakkattu Parambil Ismayil regarding offence under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between Indiveetil Ibrahim vs Manakkattu Parambil Ismayil regarding offence under Section 138 of the Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months