Case Summary
A. Kabeer filed a complaint against Sam Jolly alleging the dishonor of a cheque for Rs. 14,00,000 issued by the accused in repayment of borrowed money. The court found the accused guilty of the offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Imprisonment for 2 months and compensation of Rs.14,00,000
Case Type
Criminal Case
Final Judgment
No
The court convicted Sam Jolly for the offence under section 138 of the Negotiable Instruments Act and sentenced him to imprisonment and compensation.
Why Plaintiff Won:
The court found that the complainant proved the existence of a legally enforceable debt and the dishonor of the cheque.
The court found that the complainant proved the existence of a legally enforceable debt and the dishonor of the cheque.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant would prove beyond the shadow of reasonable doubt that Ext.P1 cheque was executed and issued by the accused in favour of the complainant in the discharge of a legally enforceable debt.
Judgment Evidence:
The accused is sentenced to undergo imprisonment for 2 months and to pay a compensation of Rs.14,00,000/- to the complainant U/S. 357 (3) Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A. Kabeer
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sam Jolly
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.713008 dated 30/10/2017, Cheque Return memo dated 04/11/2017, Copy of Advocate Notice dated 18/11/2017, Postal receipt dated 18/11/2017, Unserved postal articles.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Babu Sankar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Panambil S. Jayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.14,00,000 to the complainant.
Evidence:
The accused is sentenced to undergo imprisonment for 2 months and to pay a compensation of Rs.14,00,000/- (Rupees Fourteen Lakhs Only) to the complainant U/S. 357 (3) Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment of accused for 2 months for the offence U/S. 138 of the Negotiable Instruments Act.
Evidence:
The accused is sentenced to undergo imprisonment for 2 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused for repayment of borrowed amount.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document shows that the cheque was dishonoured for insufficiency of funds.
Reference:
Ext.P2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused demanding payment after dishonour of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt proving the delivery of the legal notice to the accused.
Reference:
Ext.P4
Document Type:
Unserved postal articles
Submitted By:
Plaintiff
Relevance:
Document indicating the notice was unclaimed by the accused.
Reference:
Ext.P5
Document Type:
SBI- SBT Amalgamation Order
Submitted By:
Defendant
Relevance:
Document submitted by the defense to argue the validity of the cheque.
Reference:
Ext.X1
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
Account statement proving the cash flow of the accused during the relevant time.
Reference:
Ext.X2
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST.NO.
Case Code Year
2019
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
2 months