Case Summary
Plaintiff filed a suit against the defendant to recover a cheque amount of Rs. 3,50,000/- with interest, as the defendant failed to repay the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of money with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed in favor of the plaintiff directing the defendant to pay Rs. 3,50,000/- with interest at 12% per annum from 10-10-2016.
Why Plaintiff Won:
The plaintiff proved the case with cogent and reliable evidence including the cheque, lawyer notice, postal receipts, and bank memo.
The plaintiff proved the case with cogent and reliable evidence including the cheque, lawyer notice, postal receipts, and bank memo.
Losing Side's Weaknesses:
The plaintiff proved the case with cogent and reliable evidence including the cheque, lawyer notice, postal receipts, and bank memo.
The plaintiff proved the case with cogent and reliable evidence including the cheque, lawyer notice, postal receipts, and bank memo.
Supporting Evidence
According to PW1, the plaintiff and defendant were acquainted. The defendant approached the plaintiff for a loan. The plaintiff paid the amount but the defendant failed to repay. The plaintiff is entitled to realize the cheque amount.
Judgment Evidence:
Plaintiff has proved his case by adducing cogent and reliable evidence.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Sethumadhavan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.P.Biju
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
10-10-2016 - Cheque bearing No. 79003, Federal Bank, Tirur Branch, 27-10-2016 - Copy of Lawyer notice, 27-10-2016 - Postal receipt, 31-10-2016 - Postal acknowledgement card, 17-10-2016 - Bank memo
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.A.Ismail
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Realisation of money with interest
Evidence:
Plaintiff has proved his case by adducing cogent and reliable evidence.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proof of cheque issued by the defendant
Reference:
10-10-2016 - Cheque bearing No. 79003, Federal Bank, Tirur Branch
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendant for repayment
Reference:
27-10-2016 - Copy of Lawyer notice
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of communication with defendant
Reference:
27-10-2016 - Postal receipt
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of communication sent to defendant
Reference:
31-10-2016 - Postal acknowledgement card
Document Type:
Bank Memo
Submitted By:
Plaintiff
Relevance:
Bank's record of the cheque bounce
Reference:
17-10-2016 - Bank memo
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan agreement
Case Code
Case between K.Sethumadhavan vs T.P.Biju regarding cheque amount recovery
Case Code Year
Case between K.Sethumadhavan vs T.P.Biju regarding cheque amount recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt