Case Summary
The plaintiff, Kamala M.Kumar, filed a suit against Rekha Sugathan for the recovery of Rs.5,00,000/- which was borrowed by the defendant for her daughter's marriage. The cheque issued by the defendant was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.5,00,000/- together with interest at the rate of 12% 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 the realisation, from the defendant and her assets, with costs.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting the amount claimed along with interest.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Supporting Evidence
From the evidence of PW1 and Exts.A1 to A3 documents, it is evident that the plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakh only) from the defendant and her assets.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakh only) together with interest at the rate of 12% 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 the realisation, from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kamala M.Kumar
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rekha Sugathan
- Relation
- W/o
Plaintiffs Documents
Original Cheque bearing No. 028044, Cheque returned memo, Office copy of Lawyers notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayakrishnan.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ramkichu.K.R.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs.5,00,000/- with interest.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.5,00,000/-.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Substantiates the plaintiff's claim as it was issued in discharge of the debt.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff issued a legal notice demanding repayment.
Reference:
Ext.A3
Case Classification
Case Type
Original Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Kamala M.Kumar vs Rekha Sugathan regarding Realisation of Money
Case Code Year
Case between Kamala M.Kumar vs Rekha Sugathan regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act