Case Summary
The complainant, Kunhammed C. M., alleges that the accused, Jabeer Chamboli, issued a cheque that was dishonored due to insufficient funds. The court found the accused guilty of the offense 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 ₹5,00,000.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty and sentenced to undergo simple imprisonment and pay a fine of ₹5,00,000.
Why Plaintiff Won:
The complainant established that the cheque was issued in discharge of a legally enforceable debt.
The complainant established that the cheque was issued in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The complainant established that the cheque was issued in discharge of a legally enforceable debt.
The complainant established that the cheque was issued in discharge of a legally enforceable debt.
Supporting Evidence
The cheque was executed and handed over by the accused to the complainant for a legally enforceable debt.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹5,00,000/- (Rupees Five Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhammed C. M.
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jabeer Chamboli
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Cheque No. 029947, Memo issued from KDC Bank, Registered Lawyer Notice, Postal Receipt, Acknowledgment Card.
Defendants Documents
Account Statement of Jabeer.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ali V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. P. Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is ordered to pay a fine of ₹5,00,000.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 5,00,000/-
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment of fine, the accused shall undergo Simple Imprisonment for six months.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused towards the discharge of liability was proved through the complainant.
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The return memo of the cheque was proved through the complainant.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice sent by the complainant to the accused was proved through PW1.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt related to the lawyer notice was proved through PW1.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirming receipt of the notice by the accused was proved through PW1.
Reference:
Ext.P5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice sent by the accused was proved through the complainant.
Reference:
Ext.P6
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
The account statement was marked but did not establish any relevance to the disputed cheque.
Reference:
Ext.D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Kunhammed C. M. vs Jabeer Chamboli regarding dishonor of cheque
Case Code Year
Case between Kunhammed C. M. vs Jabeer Chamboli regarding dishonor of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months