Case Summary
Complainant Jayakumar accused Abdul Azeez of issuing a dishonored cheque for repayment of a loan, resulting in a legal case under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
3 months simple imprisonment, payment of Rs. 1,85,500 as compensation to the complainant under section 357(3) of Cr.P.C
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
The court found Abdul Azeez guilty of the offense under section 138 of the Negotiable Instruments Act for issuing a dishonored cheque.
Why Plaintiff Won:
The complainant successfully proved that Abdul Azeez issued the dishonored cheque in discharge of a debt, while the accused failed to provide a consistent defence.
The complainant successfully proved that Abdul Azeez issued the dishonored cheque in discharge of a debt, while the accused failed to provide a consistent defence.
Losing Side's Weaknesses:
The complainant successfully proved that Abdul Azeez issued the dishonored cheque in discharge of a debt, while the accused failed to provide a consistent defence.
The complainant successfully proved that Abdul Azeez issued the dishonored cheque in discharge of a debt, while the accused failed to provide a consistent defence.
Supporting Evidence
As stated above, PW1 filed proof affidavit regarding execution of Ext.P1 cheque by the accused in discharge of a legally enforceable debt of Rs 1,85,500 towards the complainant.
Judgment Evidence:
On the basis of the foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of a legally enforceable debt of Rs.1,85,500 to the complainant
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayakumar
- Relation
- S/o Madhavan Nair
- Party Role
- Defendant
- Party Name
- Abdul Azeez
- Party Age
- 47
- Relation
- S/o Bava
Plaintiffs Documents
Cheque No.953925, Memorandum, Return memo, Lawyer notice, Postal receipt, Postal Acknowledgment
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Dinesh Pookayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. V. Padmakumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Imprisonment and Compensation
Outcome:
Granted
Description:
Accused sentenced to 3 months imprisonment and directed to pay compensation of Rs. 1,85,500 to the complainant
Evidence:
Complainant successfully established that the accused issued the cheque in discharge of a debt and committed the offense under section 138 of the NI Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of the cheque issued by the accused
Reference:
Ext.P1
Document Type:
Legal Notices
Submitted By:
Plaintiff
Relevance:
Proof of lawyer notice sent to the accused demanding payment
Reference:
Ext.P4
Case Classification
Case Type
Criminal Case - Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dishonored cheque
Case Code
Case between Jayakumar vs Abdul Azeez regarding dishonored cheque
Case Code Year
Case between Jayakumar vs Abdul Azeez regarding dishonored cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
3 months