Case Summary
This case involves Julie Stanly, the plaintiff, who alleges that the defendant Ruban Chacko had received money from her but failed to fulfill the promises made. The defendant issued a cheque which was dishonoured, leading the plaintiff to seek recovery of the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay 4,50,000/- with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the sum of 4,50,000/- with interest. The defendant must also cover additional costs associated with the court proceedings.
Why Plaintiff Won:
The plaintiff provided uncontested evidence proving the defendant's liability.
The plaintiff provided uncontested evidence proving the defendant's liability.
Losing Side's Weaknesses:
The plaintiff provided uncontested evidence proving the defendant's liability.
The plaintiff provided uncontested evidence proving the defendant's liability.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 4,50,000/- (Rupees four lakhs fifty thousand only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Julie Stanly
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ruban Chacko
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Original Cheque bearing No. 000001, Cheque Return Memo, Office copy of Legal Notice, Postal Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P. J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of 4,50,000/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 4,50,000/- (Rupees four lakhs fifty thousand only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to the costs (excluding the court fee and legal benefit fund) of the suit from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
The government is entitled to recover an amount of 47,900/- from the defendant.
Evidence:
The government is entitled to recover an amount of 47,900/- from the defendant.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was presented to support the plaintiff's claim for the amount due.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The return memo indicated that the cheque was dishonoured.
Reference:
Ext.A2
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
The legal notice served to the defendant was referenced as part of the claim.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirmed the receipt of the legal notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Julie Stanly vs Ruban Chacko regarding realisation of money
Case Code Year
Case between Julie Stanly vs Ruban Chacko regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act