Case Summary
Joseph Nocholas filed a suit against Jayan and his wife Vishnu Priya for the recovery of Rs. 2,75,000 that was borrowed but not repaid. The defendants issued a cheque that was dishonoured due to a closed account.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of Rs. 2,75,000 together with interest at the rate of 9% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the amount owed along with interest and costs.
Why Plaintiff Won:
The evidence clearly established that the defendants are indebted to the plaintiff.
The evidence clearly established that the defendants are indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendants are indebted to the plaintiff.
The evidence clearly established that the defendants are indebted to the plaintiff.
Supporting Evidence
The deposition of PW1 and Exts.A1 to A4 documents would prove the plaint claim. Here in this case, there is no challenge to the pleadings and the evidences adduced from the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs. 2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) together with interest at the rate of 9% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation, from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Nocholas
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayan
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishnu Priya
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Original Cheque bearing No. 000014 of Bank of India, Kavanad Branch, Dishonour Memo, Copy of Legal Notice, Postal Receipt, Photocopy of Sale Deed No. 2366/13 of Kollam SRO (Subject to proof), Sale Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Sreeranganadhan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shino Jacob
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.S.Ajithkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.2,75,000/- along with interest and costs.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) together with interest at the rate of 9% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation, from the defendants and their assets, with costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was issued by the 1st defendant to the plaintiff as part of the repayment of the borrowed amount.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo indicates that the cheque was dishonoured due to the account being closed.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice was sent to the defendants demanding repayment of the amount due.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the legal notice to the defendants.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Mentioned as a subject to proof document.
Reference:
Ext.A5
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Part of the evidence supporting the plaintiff's claim.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Joseph Nocholas vs Jayan et al regarding Realisation of Money
Case Code Year
Case between Joseph Nocholas vs Jayan et al regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act