Case Summary
Kochukunhan filed a complaint against Ayisha Beevi alleging that she issued a cheque which bounced due to insufficient funds. The court found Ayisha Beevi guilty of the offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 200,000/- to the complainant
Case Type
Criminal Case
Final Judgment
No
Ayisha Beevi was found guilty of issuing a cheque that bounced due to insufficient funds. She was sentenced to pay compensation and undergo imprisonment in default.
Why Plaintiff Won:
The complainant proved execution of the cheque and compliance with statutory requirements.
The complainant proved execution of the cheque and compliance with statutory requirements.
Losing Side's Weaknesses:
The complainant proved execution of the cheque and compliance with statutory requirements.
The complainant proved execution of the cheque and compliance with statutory requirements.
Supporting Evidence
The complainant sufficiently proved the presumptive facts, particularly, in relation to pre-existence of legal liability or the debt for discharge of which Exbt. P1 cheque was issued.
Judgment Evidence:
In the result, the accused is sentenced to undergo imprisonment till the rising of Court and to pay compensation of Rs.200,000/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kochukunhan. K.K
- Party Role
- Defendant
- Party Name
- Ayisha Beevi
- Relation
- D/o
Plaintiffs Documents
Cheque No.035082, Memo issued by the bank, Copy of Lawyer Notice, Postal receipt, Acknowledgement Card, Gold Loan Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Gafoor.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.V. Muhammed Iqbal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.200,000/- to be paid to the complainant.
Evidence:
The accused is directed to pay compensation of Rs.2,00,000/- (Rupees Two Lakh only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Injunction
Outcome:
Not Decided
Description:
Imprisonment till the rising of the court for the accused in default of payment.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a period of 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to discharge a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Court
Relevance:
Shows that Ext.P1 cheque was returned unpaid for the reason 'Funds Insufficient'.
Reference:
Ext.P2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the accused demanding payment after the cheque bounced.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the notice to the accused.
Reference:
Ext.P3 (a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms the service of statutory notice on the accused.
Reference:
Ext.P4
Document Type:
Gold Loan Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the source of funds used by the complainant to lend to the accused.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Kochukunhan. K.K vs Ayisha Beevi regarding U/s 138 of N.I. Act
Case Code Year
Case between Kochukunhan. K.K vs Ayisha Beevi regarding U/s 138 of N.I. Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months