Case Summary
Jilani Safarulla filed a suit against Babu G, Jaseentha, and Remya J for realization of a loan amount. The defendants borrowed ₹7,00,000 and issued dishonored cheques to repay the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1st and 3rd defendants shall pay ₹6,78,266 along with interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the 1st and 3rd defendants to pay ₹6,78,266 with interest. The 2nd defendant was found not personally liable.
Why Plaintiff Won:
The court found that the plaintiff proved the debt owed through dishonored cheques.
The court found that the plaintiff proved the debt owed through dishonored cheques.
Losing Side's Weaknesses:
The court found that the plaintiff proved the debt owed through dishonored cheques.
The court found that the plaintiff proved the debt owed through dishonored cheques.
Supporting Evidence
Thus, from the evidence adduced, court is satisfied that 1st and 3rd defendants alone is liable for the payment of money as alleged by the plaintiff and 2nd defendant being only wife of 1st defendant has no personal liability to repay the debt of the plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) 1st and 3rd defendants shall pay Rs.6,78,266/- along with interest @ 12 % per annum on the principal amount of Rs.6,68,000/- from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jilani Safarulla
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Babu G
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaseentha
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Remya J
- Party Age
- 25
- Relation
- D/o
Plaintiffs Documents
Cheque return memos, Outward clearing return report
Defendants Documents
Certified copy of FIR No: 822/2022 of Palode Police Station, Certified copy of the Final report in C C No: 196/23 of the JFCM for the trial of forest offences, Nedumangad
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M N Sanjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P P Praveen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A P Sathian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smitha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajith K R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Syamnath J G
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.6,68,000/- along with interest from the defendants.
Evidence:
1st and 3rd defendants shall pay Rs.6,78,266/- along with interest @ 12% per annum on the principal amount of Rs.6,68,000/- from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought costs of proceedings from the defendants.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from 1st and 3rd defendants.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.034311 dated 03.02.2022 drawn on Kerala Gramin Bank for Rs.2,35,000/- marked as Ext.A1.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.014880 dated 25.02.2022 drawn on Kerala Gramin Bank for Rs.46,000/- marked as Ext.A2.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.000004 dated 03.02.2022 drawn on Bank of Baroda for Rs.3,00,000/- marked as Ext.A3.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.000001 dated 24.02.2022 drawn on Bank of Baroda for Rs.87,000/- marked as Ext.A4.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo report from State Bank of India dated 17.03.2022 for dishonour of cheque No.034311 for Rs.2,35,000/- marked as Ext.A5.
Reference:
Ext.A5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo report from State Bank of India dated 17.03.2022 for dishonour of cheque No.000004 for Rs.3,00,000/- marked as Ext.A6.
Reference:
Ext.A6
Document Type:
Outward Clearing Return Report
Submitted By:
Plaintiff
Relevance:
Outward clearing return report from IDFC First Bank dated 04.03.2022 for dishonour of cheques No.014880 for Rs.46,000/- and No.000001 for Rs.87,000/- marked as Ext.A7.
Reference:
Ext.A7
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Certified copy of FIR No.822/2022 of Palode Police Station marked as Ext.B1.
Reference:
Ext.B1
Document Type:
Final report
Submitted By:
Defendant
Relevance:
Certified copy of the Final Report in CC No.196/2023 marked as Ext.B2.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Jilani Safarulla vs Babu G et al regarding realization of money
Case Code Year
Case between Jilani Safarulla vs Babu G et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act