Case Summary
Complaint filed by Kunhimoideen Kutty, Chairman of Orphans Educational Charitable Trust, against Sunny M.T for dishonoring cheques issued in connection with a property purchase agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
The accused failed to prove that payment stoppage instructions were not due to insufficient funds.
The accused failed to prove that payment stoppage instructions were not due to insufficient funds.
Judgment Evidence:
Parties Involved
Plaintiffs
Kunhimoideen Kutty (58 years years)
Chairman, Orphans Educational Charitable Trust, Edayur Post, Valancheri, Malappuram
Defendants
Sunny M.T (50 years years)
Eranad House, Thavalam Post, Agali Village, Mannarkkad Taluk, Palakkad Dist
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation of Rs.100,000 under section 357(3) of CrPC granted to complainant for each offence under section 138 of NI Act in S.T.No.198/2017 & S.T. No.206/2017
Evidence:
Defendant sentenced to prison until raising of Court in default of payment
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Evidence of transaction between complainant and accused regarding properties offered for sale
Reference:
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque dated 30.05.2008 drawn on South Indian Bank, returned unpaid with reason 'Payment Stopped by Drawer'
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque dated 30.06.2008 drawn on South Indian Bank, returned unpaid with reason 'Payment Stopped by Drawer'
Reference:
Ext.P2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notices sent by lawyer to accused demanding payment after cheques were dishonored
Reference:
Exbt. P4 (a) & Exbt. P4 (d)
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
Memorandums from bank showing cheques were bounced due to 'Payment Stopped by Drawer'
Reference:
Exbt.P3(a) & Exbt.P3(c)
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement executed by DW1 in favor of the complainant regarding transaction and cheques
Reference:
Exbt D1