Case Summary
K.M Devarajan, the plaintiff, has filed a suit against Raji @ Sindarlla @ Maya Sunny and Sunny @ Peterson K P, the defendants, for recovery of a loan amounting to ₹3,00,000. The cheque issued by the first defendant was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay to the plaintiff ₹3,00,000 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established that the defendants obtained money and issued a cheque, which was subsequently dishonoured.
The plaintiff established that the defendants obtained money and issued a cheque, which was subsequently dishonoured.
Judgment Evidence:
In the result, the suit is decreed as follows: i. The defendants are directed to pay to the plaintiff, an amount of 3,00,000/- (Rupees three lakhs only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Plaintiffs
K.M Devarajan (60 years)
Kalloorvely House, Nadakavu P.O, Udayamperoor, Pin: 682 307, Manakunnani Village, Kanayannoor Taluk.
Defendants
Raji @ Sindarlla @ Maya Sunny (42 years)
16/18A, C/o. Sreegi K. P, Kalloorvely House, Udayamperoor, Nadakavu P.O., Pin: 682 307.
Sunny @ Peterson K P (49 years)
Kizhappillil House, Girinagar South, Kadavantra P.O, Pin 682 020, Now residing at 16/18A, C/o. Sreegi K.P, Kalloorvely House, Udayamperoor, Nadakavu P.O., Pin: 682 307.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of 3,00,000/- from the defendants.
Evidence:
It is answered that the plaintiff is entitled to realise an amount of 3,00,000/- from the defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the recovered amount at the rate of 6% per annum.
Evidence:
I am also of the opinion that fixing the rate of interest at 6% per annum (simple interest) will suffice interest of justice.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the first defendant towards discharge of liability to the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicated that the cheque issued by the first defendant was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A notice sent to the first defendant regarding the dishonour of the cheque and demanding payment.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts related to the notice sent to the defendants.
Reference:
Ext.A4
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
A copy of the notice issued by the Cheranelloor Police Station.
Reference:
Ext.A5
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
This document is relevant as it supports the plaintiff's case in the current proceeding.
Reference:
Ext.A6