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S.T. No:198/2017

Case between Kunhimoideen Kutty vs Sunny. M.T regarding negotiable instruments

Court
COURT OF JUDICIAL FIRST CLASS MAGISTRATE -II, TIRUR
Judge
Sri. Jankish Narayanan
Order Date
2019-10-14
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a complaint filed by Kunhimoideen Kutty against Sunny. M.T for dishonoring cheques issued for a legally enforceable debt. The complainant alleged that the accused issued cheques which were returned unpaid.

Judgment Outcome

Plaintiff Won
Interim Order
The accused, Sunny. M.T, was found guilty of the offense punishable under section 138 of the Negotiable Instruments Act and sentenced to imprisonment and to pay compensation.
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.100,000/-
Case Type
Criminal Case
Final Judgment
No
The accused, Sunny. M.T, was found guilty of the offense punishable under section 138 of the Negotiable Instruments Act and sentenced to imprisonment and to pay compensation.
Why Plaintiff Won:
The complainant successfully proved that the cheques were issued in discharge of a legally enforceable liability.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The evidence adduced by PW1 coupled with Exbt. P1 to P7 is sufficient to conclude that the accused had drawn and issued Ext.P1 and P2 cheques for a legally enforceable debt.

Judgment Evidence:

In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.100,000/- under section 357(3) of the Code of Criminal Procedure for the offence punishable under section 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kunhimoideen Kutty
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Sunny. M.T
Party Age
50
Relation
S/o
Plaintiffs Documents
Cheques dated 30.05.2008 and 30.06.2008, notices of dishonor, trust deed.
Defendants Documents
Agreement dated 28.04.2008.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. V. Manoj
Appearance Type
Main Counsel
Law Firm
Advocates, Manjeri
Party Role
Defendant
Advocate Name
Sri. Rejimon Joseph
Appearance Type
Main Counsel
Law Firm
Advocates, Tirur

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
Compensation of Rs. 100,000 to be paid to the complainant.
Evidence:
Accused is convicted and sentenced to pay compensation of Rs.100,000/- under section 357(3) of the Code of Criminal Procedure.
Relief Type: Imprisonment
Outcome: Granted
Description:
Simple Imprisonment for 2 months in default of payment of compensation.
Evidence:
In default of payment of compensation, accused shall suffer Simple Imprisonment for a period of 2 months.
Relief Type: Damages
Outcome: Granted
Description:
Compensation of Rs. 100,000 to be paid to the complainant.
Evidence:
Accused is further sentenced to pay compensation of Rs.100,000/- under section 357(3) of the Code of Criminal Procedure.
Relief Type: Imprisonment
Outcome: Granted
Description:
Simple Imprisonment for 2 months in default of payment of compensation.
Evidence:
In default of payment of compensation, accused shall suffer Simple Imprisonment for a period of 1 month.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque dated 30.05.2008 for Rs. 1,00,000 issued by the accused to the complainant.
Reference:
Ext.P1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque dated 30.06.2008 for Rs. 1,00,000 issued by the accused to the complainant.
Reference:
Ext.P2
Document Type: Memo
Submitted By: Court
Relevance:
Memo issued by the South Indian Bank for Ext.P1 stating 'Payment Stopped by Drawer'.
Reference:
Ext.P3 (a)
Document Type: Memo
Submitted By: Court
Relevance:
Memo issued by the South Indian Bank for Ext.P2 stating 'Payment Stopped by Drawer'.
Reference:
Ext.P3 (c)
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of notice sent to the accused regarding the dishonour of Ext.P1.
Reference:
Ext.P4 (a)
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of notice sent to the accused regarding the dishonour of Ext.P2.
Reference:
Ext.P4 (d)
Document Type: Trust Deed
Submitted By: Plaintiff
Relevance:
Notarized copy of the Trust Deed evidencing the complainant's authority.
Reference:
Ext.P5
Document Type: Resolution
Submitted By: Plaintiff
Relevance:
Copy of resolution deciding to purchase property at Agali.
Reference:
Ext.P6
Document Type: Resolution
Submitted By: Plaintiff
Relevance:
Copy of resolution empowering the complainant to initiate legal proceedings.
Reference:
Ext.P7
Document Type: Agreement
Submitted By: Defendant
Relevance:
Agreement executed by the defendant in favour of the complainant regarding the repayment.
Reference:
Ext.D1

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Kunhimoideen Kutty vs Sunny. M.T regarding negotiable instruments
Case Code Year
Case between Kunhimoideen Kutty vs Sunny. M.T regarding negotiable instruments

Case Flags

Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act
Imprisonment Duration
2 months

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Tue, 10/01/2019 - 12:00
To
Thu, 10/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

Orphans Educational Charitable Trust

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