Case Summary
K.C. Abdul Rashid filed a private complaint against N.P. Mammootty for dishonoring a cheque issued in discharge of a legally enforceable debt. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹7,39,280/-.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of issuing a cheque which was dishonored due to insufficient funds. A sentence of simple imprisonment and a fine were imposed.
Why Plaintiff Won:
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
Losing Side's Weaknesses:
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
Supporting Evidence
Thus, it is proved that Ext.P1 cheque is issued for a discharge of a legally enforceable debt or liability.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹7,39,280/- (Rupees Seven Lakhs Thirty Nine Thousand Two Hundred and Eighty Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.C. Abdul Rashid
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.P. Mammootty
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Cheque No. 000966 dated 30.05.2020, Return Memo dated 20.08.2020, Registered Lawyer Notice dated 09.09.2020, Postal Receipt dated 09.09.2020, Acknowledgment Cards dated 10.09.2020, Reply notice dated 06.10.2020, Agreement dated 12.12.2019.
Defendants Documents
Account Statement for the period 01.04.2019 to 30.04.2019.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.P. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to undergo simple imprisonment and pay a fine.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 7,39,280 ₹/-.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
This document indicates the cheque was returned due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to inform the accused about the dishonor of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This proves the dispatch of the lawyer notice to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmation of delivery of the lawyer notice to the accused.
Reference:
Ext.P5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply from the accused regarding the issued cheque.
Reference:
Ext.P6
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This is the agreement between the complainant and the accused regarding the debt.
Reference:
Ext.P7
Document Type:
2nd Reply Notice
Submitted By:
Plaintiff
Relevance:
This is another communication from the accused in response to the complainant.
Reference:
Ext.P8
Document Type:
Reply to 2nd Reply Notice
Submitted By:
Plaintiff
Relevance:
Further correspondence from the complainant to the accused.
Reference:
Ext.P9
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between K.C. Abdul Rashid vs N.P. Mammootty regarding dishonor of cheque
Case Code Year
Case between K.C. Abdul Rashid vs N.P. Mammootty regarding dishonor of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
until rising of the court; 6 months in default