Case Summary
K.R.Vasudevan, the complainant, alleged that Anandan.P issued a cheque which was dishonoured due to insufficient funds. The case revolves around the non-repayment of a loan amounting to Rs.3,00,000/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.5,20,320/-
Case Type
Criminal Case
Final Judgment
No
The court found Anandan.P guilty of the offence under Section 138 of the Negotiable Instruments Act and sentenced him to simple imprisonment for one month along with a compensation of Rs.5,20,320/-.
Why Plaintiff Won:
The court found that all legal formalities to file a complaint under Section 138 were complied with, and the cheque was issued in discharge of a legally enforceable debt.
The court found that all legal formalities to file a complaint under Section 138 were complied with, and the cheque was issued in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant succeeded in proving the execution and issuance of the Ext.P1 cheque. Therefore, the presumption U/s 139 of the NI Act can be drawn in favour of the complainant.
Judgment Evidence:
In the result, the accused is found guilty of the offence punishable U/s 138 of the NI Act and he is convicted as there under.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.R.Vasudevan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anandan.P
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Original cheque bearing No. 275447 dated 11/01/2017, Cheque return memo dated 12/01/2017, Copy of the legal notice dated 21/01/2017, Original postal receipt dated 21/01/2017, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Biju.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.5,20,320/- to be paid to the complainant.
Evidence:
The accused is sentenced U/s 255 (2) of Cr.Pc and sentenced to under go simple imprisonment to the period of one month and to pay a compensation of Rs.5,20,320/-.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment for a period of one month.
Evidence:
The accused is sentenced U/s 255 (2) of Cr.Pc and sentenced to under go simple imprisonment to the period of one month.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment, simple imprisonment for three months.
Evidence:
In default of payment of which simple imprisonment for a term of three months.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Proved the execution and issuance of the cheque in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Proved that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Proved that notice was sent to the accused within 30 days of dishonour.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Showed that notice was sent to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proved that the accused received the legal notice.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST
Case Code Year
2019
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month