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
The court decreed in favor of the plaintiff, ordering the defendants to pay ₹3,00,000 along with interest at 6% per annum. The court found that the evidence presented by the plaintiff was unchallenged.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Evidently, the first defendant had issued a cheque and the said cheque had been dishonoured. The evidence of PW1 remains unchallenged.
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
Parties
- Party Role
- Plaintiff
- Party Name
- K.M Devarajan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raji @ Sindarlla @ Maya Sunny
- Party Age
- 42
- Party Role
- Defendant
- Party Name
- Sunny @ Peterson K P
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 406632, Cheque Return Memo, Office copy of Lawyer Notice, Postal Receipts (2 Nos.), Copy of Notice issued by Cheranelloor Police Station, Certified copy of Judgment in WP(c) No. 22562/2024 of Hon’ble High Court of Kerala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. A Martin Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nithya K.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Reghunath Naduveettil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jinu Joseph
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between K.M Devarajan vs Raji @ Sindarlla @ Maya Sunny et al regarding recovery of money based on a cheque.
Case Code Year
Case between K.M Devarajan vs Raji @ Sindarlla @ Maya Sunny et al regarding recovery of money based on a cheque.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act