Case Summary
The complainant, Jamsheer K. P., filed a private complaint against the accused, Satheesh M., for dishonoring a cheque issued for a loan. The court found the accused guilty of the offense under Section 138 of 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 ₹10,00,000.
Case Type
Criminal Case
Final Judgment
No
The court convicted Satheesh M. under Section 138 of the Negotiable Instruments Act due to the dishonor of the cheque issued for a loan. He was sentenced to undergo Simple Imprisonment and fined ₹10,00,000.
Why Plaintiff Won:
The court found that the cheque was issued in discharge of a legally enforceable debt, and the complainant established all statutory requirements.
The court found that the cheque was issued in discharge of a legally enforceable debt, and the complainant established all statutory requirements.
Losing Side's Weaknesses:
The court found that the cheque was issued in discharge of a legally enforceable debt, and the complainant established all statutory requirements.
The court found that the cheque was issued in discharge of a legally enforceable debt, and the complainant established all statutory requirements.
Supporting Evidence
The complainant has successfully established the formalities with regard to the institution of the complaint. The cheque was issued for a discharge of 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 ₹10,00,000.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jamsheer K. P.
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Satheesh M.
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Cheque No. 462096 for Rs.5,00,000/-, Cheque Return Memo, Registered Lawyer notice, Postal Receipts, Reply Notice.
Defendants Documents
Present Register, Authorization Letter.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Sujanapal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused was sentenced to undergo Simple Imprisonment and to pay a fine.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 10,00,000 ₹/-.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to the complainant for financial help and was later dishonored.
Reference:
P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The return memo indicates that the cheque was dishonored due to insufficient funds.
Reference:
P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice was sent to the accused to inform him about the dishonor of the cheque.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt proves that the lawyer notice was sent.
Reference:
P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt confirms another correspondence related to the case.
Reference:
P5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card shows that the accused received the notice.
Reference:
P6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice from the accused denying the allegations.
Reference:
P7
Document Type:
Deposition
Submitted By:
Defendant
Relevance:
Deposition from defense witness related to the ongoing case.
Reference:
P8
Document Type:
Present Register
Submitted By:
Defendant
Relevance:
The document was submitted by the defense to prove an alibi but was deemed insufficient.
Reference:
D1
Document Type:
Authorization letter
Submitted By:
Defendant
Relevance:
The letter is from the commanding officer but failed to substantiate the alibi.
Reference:
D2
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 Jamsheer K. P. vs Satheesh M. regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Code Year
Case between Jamsheer K. P. vs Satheesh M. regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months