Case Summary
K.G. Vijayakumar filed a suit against K.T. Sunilkumar for the recovery of Rs.5,00,000/- based on a cheque that was dishonoured. The plaintiff claims he loaned this amount to the defendant, who denied borrowing the money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay the plaintiff a sum of Rs.5,00,000/- along with interest at 6% per annum from the date of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay Rs.5,00,000/- along with interest at 6% per annum from the date of the suit until realisation.
Why Plaintiff Won:
The plaintiff successfully proved that the cheque was issued towards discharge of a legally enforceable debt.
The plaintiff successfully proved that the cheque was issued towards discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The plaintiff successfully proved that the cheque was issued towards discharge of a legally enforceable debt.
The plaintiff successfully proved that the cheque was issued towards discharge of a legally enforceable debt.
Supporting Evidence
The core question is whether the cheque was issued towards discharge of a legally enforceable debt. The statute presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act arise in favour of the plaintiff that the cheque was issued for consideration and towards discharge of a legally enforceable liability.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant shall pay the plaintiff a sum of Rs.5,00,000/- (Rupees Five Lakhs only). 2. The amount shall carry interest at 6% per annum from the date of suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.G. Vijayakumar
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.T. Sunilkumar
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Exts. A1 to A5 including cheque, dishonour memo, notice, postal receipt and acknowledgment.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.T. Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gayathri. S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Saji Koduvath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay the plaintiff a sum of Rs.5,00,000/-.
Evidence:
In the result, the suit is decreed as follows: The defendant shall pay the plaintiff a sum of Rs.5,00,000/- (Rupees Five Lakhs only).
Relief Type:
Interest
Outcome:
Granted
Description:
The amount shall carry interest at 6% per annum from the date of suit till realisation.
Evidence:
The amount shall carry interest at 6% per annum from the date of suit till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit.
Evidence:
The defendant shall pay the costs of the suit.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant towards discharge of a legally enforceable debt.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The cheque return memo shows that the cheque was dishonoured.
Reference:
Ext.A2
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the defendant regarding the dishonoured cheque.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidences the sending of the statutory notice to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirms receipt of the statutory notice by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
Case between K.G. Vijayakumar vs K.T. Sunilkumar regarding realisation of money based on a cheque
Case Code Year
Case between K.G. Vijayakumar vs K.T. Sunilkumar regarding realisation of money based on a cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act