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
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.
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
Plaintiffs
Indiveetil Ibrahim (52 years)
Indiveetil House, Puloor, Thekkan Kuttoor. P.O, Tirur
Defendants
Manakkattu Parambil Ismayil (35 years)
Manakattu Parambil House, Vengaloor. P.O, B.P. Angadi, Tirur
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