Case Summary
The plaintiff, K.N. Mohanan, a licensed contractor, is seeking to recover an amount of ₹10,00,000 from the defendants. The claim arises from a borrowed sum that was supposed to be repaid but remained outstanding after the cheque was dishonoured.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.10,00,000 with interest at the rate of 8% per annum from the date of suit till realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The court decided in favor of the plaintiff, granting him the recovery of ₹10,00,000 with interest and costs due from the defendants.
Why Plaintiff Won:
The plaintiff successfully proved the existence of a financial transaction by establishing the dishonour of the cheque and failure to repay despite notice.
The plaintiff successfully proved the existence of a financial transaction by establishing the dishonour of the cheque and failure to repay despite notice.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On going through the oral evidence of the PW1, he categorically stated that the cheque was executed by the defendant. The court found the evidence supportive of the plaintiff's claims and the presumption under Section 118 of the Negotiable Instruments Act favored the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) with interest at the rate of 8% per annum from the date of suit till realisation with costs, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.N. Mohanan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s.Sree Narayana constructions (Pvt.) Ltd
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- V.Varadarajan
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Original Cheque, Office copy of Adv. Notice, Reply Notice, Cheque return slip
Defendants Documents
Photostat copy of work order, Photostat copy of order of the Inland Navigation Director
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Bahuleyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Reghuvarma.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 10,00,000 with interest from the defendants.
Evidence:
The money to the tune of Rs.10,00,000/-, which was borrowed by the Defendant from the Plaintiff, was not repaid, despite due demand. Hence, the Plaintiff is entitled to recover the said amount with due interest.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendants to the plaintiff for the borrowed sum of Rs. 10,00,000 and was dishonoured.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is an office copy of the advocate notice sent by the plaintiff to the defendants demanding repayment.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply notice sent by the defendants in response to the advocate notice.
Reference:
Ext.A3
Document Type:
Cheque return slip
Submitted By:
Plaintiff
Relevance:
This slip shows the cheque issued by the defendants was returned due to insufficient funds.
Reference:
Ext.A4
Document Type:
Income Tax Return Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document supports the financial credibility of the plaintiff.
Reference:
Ext.A5
Document Type:
Work Order
Submitted By:
Defendant
Relevance:
This document is a photocopy of a work order related to the background of the case.
Reference:
Ext.B1
Document Type:
Order of the Inland Navigation Director
Submitted By:
Defendant
Relevance:
This document is a photocopy of an order that supports the defendants' case.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between K.N. Mohanan vs M/s.Sree Narayana constructions (Pvt.) Ltd et al regarding realisation of money
Case Code Year
Case between K.N. Mohanan vs M/s.Sree Narayana constructions (Pvt.) Ltd et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act