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
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.100,000/-
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
The complainant successfully proved that the cheques were issued in discharge of a legally enforceable liability.
The complainant successfully proved that the cheques were issued in discharge of a legally enforceable liability.
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
Plaintiffs
Kunhimoideen Kutty (58 years years)
Edayur Post, Valancheri, Malappuram
Defendants
Sunny. M.T (50 years years)
Eranad House, Thavalam Post, Agali Village, Mannarkkad Taluk, Palakkad Dist
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