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
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.
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
Plaintiffs
Kochukunhan. K.K (Age not specified years)
Kuthoor House, Kuttipuram Post, Malappuram 679 571
Defendants
Ayisha Beevi (Age not specified years)
Koonoth House, Cherattakunnu, P.O.Kutttipuram, Malappuram District 679571
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