Case Summary
Kunhali Haji, the complainant, filed a case against the accused, Kunhammad Haji, for dishonoring cheques issued in connection with an agreement regarding property sale. The court found the accused guilty under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹1,10,00,000/-.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of dishonoring cheques and was sentenced to simple imprisonment and a fine.
Why Plaintiff Won:
The court established that the cheques were issued for a legally enforceable debt that was not honored.
The court established that the cheques were issued for a legally enforceable debt that was not honored.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The execution of Ext.P1 and P9 cheques are proved and the accused has not denied the signature in those cheques.
Judgment Evidence:
In the result, under ST 16/2022 the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹1,10,00,000/- (Rupees One Crore Ten Lakh Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhali Haji
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunhammad Haji
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Original Agreement signed between complainant and the accused, Cheque No. 407141, Cheque No. 407142.
Defendants Documents
Certified copy of Plaint in OS 31/2021, Certified copy of Deposition of PW1 in ST 15/2022.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. G. Ashokan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M. Ramdas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation in relation to the dishonored cheques.
Evidence:
The court ordered the accused to pay a fine of ₹1,10,00,000/- as part of the sentence.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple Imprisonment until the rising of the court.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple Imprisonment for default in fine payment.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
This agreement was the basis for the financial transaction and the issuance of cheques.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the accused as part of the repayment of a legally enforceable debt.
Reference:
Ext.P2
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was dishonored due to insufficient funds.
Reference:
Ext.P3
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the accused regarding the default in payment.
Reference:
Ext.P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the lawyer notice sent to the accused.
Reference:
Ext.P5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the delivery of the lawyer notice to the accused.
Reference:
Ext.P6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent in response to the lawyer's notice regarding the cheque.
Reference:
Ext.P7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes the complainant's son to represent him in court.
Reference:
Ext.P8
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the accused as part of the repayment of a legally enforceable debt.
Reference:
Ext.P9
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the second cheque was also dishonored due to insufficient funds.
Reference:
Ext.P10
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the accused regarding the second default in payment.
Reference:
Ext.P11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the second lawyer notice sent to the accused.
Reference:
Ext.P12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the delivery of the second lawyer notice to the accused.
Reference:
Ext.P13
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent in response to the second lawyer's notice regarding the cheque.
Reference:
Ext.P14
Document Type:
Certified copy of deposition
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of a deposition relevant to the case.
Reference:
Ext.P15
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Kunhali Haji vs Kunhammad Haji regarding dishonor of cheques.
Case Code Year
Case between Kunhali Haji vs Kunhammad Haji regarding dishonor of cheques.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months