Case Summary
Kishore filed a complaint against Lathika Kumari alleging that she borrowed money and issued a cheque that was dishonoured. The case revolves around the violation of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.6,00,000/-
Case Type
Criminal Case
Final Judgment
No
Lathika Kumari was found guilty of an offence under section 138 of the Negotiable Instruments Act and sentenced to two months' imprisonment along with a fine as compensation.
Why Plaintiff Won:
The complainant provided sufficient evidence showing the dishonour of the cheque and compliance with legal formalities.
The complainant provided sufficient evidence showing the dishonour of the cheque and compliance with legal formalities.
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 two months and to pay a compensation of Rs.6,00,000/- (Rupees Six Lakhs Only) to the complainant U/S. 357 (3) Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kishore
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lathika Kumari
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Copy of Cheque bearing No.468672 dated 02/09/2011, Copy of Cheque Return memo dated 30/11/2011, Copy of Advocate Notice dated 21/12/2011, Postal receipt
Defendants Documents
Certified copy of deposition of PW1 in OS No. 1017/2011
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.I.Alexandar Panicker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thevally K.S. Rajiv
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
The accused is to pay a compensation of Rs.6,00,000/- to the complainant.
Evidence:
The complainant has to be adequately compensated in such terms.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to undergo imprisonment for two months.
Evidence:
The accused is sentenced to undergo imprisonment for two months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Executed and issued by the accused in favour of the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Returned unpaid with an endorsement 'funds insufficient'.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Demand for payment of the cheque amount sent to the accused.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the accused.
Reference:
Ext.P4
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
Proves financial transactions between the complainant and a bank.
Reference:
Ext.X1
Document Type:
Application-cum-letter of Pledge
Submitted By:
Court
Relevance:
Relevant to the financial capacity of the complainant.
Reference:
Ext.X2
Document Type:
Statement of Account and Agri Advances
Submitted By:
Court
Relevance:
Provides evidence of the financial activity of the complainant.
Reference:
Ext.X3
Document Type:
Certified copy of deposition
Submitted By:
Defendant
Relevance:
Related to a previous suit involving the complainant.
Reference:
Ext.D1
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