Case Summary
Lainumol T.N., a handicapped individual, filed a suit against Manoj A.D. for the repayment of a loan of ₹6 Lakhs. The plaintiff claims that the defendant did not repay the borrowed amount, which was documented through a dishonored cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹4,31,000 with interest at the rate of 6% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit, ordering the defendant to pay ₹4,31,000 with interest to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved the loan transaction and the dishonor of the cheque.
The plaintiff successfully proved the loan transaction and the dishonor of the cheque.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan transaction and the dishonor of the cheque.
The plaintiff successfully proved the loan transaction and the dishonor of the cheque.
Supporting Evidence
Defendant claimed that Ext A1 was a cheque issued to husband of the plaintiff in a money transaction with one of his friends, Shajahan and husband of PW1. Defendant could not prove his case regarding the circumstances by which PW1 happened to be the holder of Ext A1 issued by him.
Judgment Evidence:
In the result, the suit is partly decreed as follows; 1 The plaintiff is entitled to realize ₹4,31,000/- (Rupees Four Lakhs Thirty One Thousand only) with interest at the rate of 6% per annum from the date of suit till the date of decree and thereafter 6% interest per annum on ₹4,31,000/- from the date of decree till realization of the amount, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lainumol T.N.
- Party Age
- 41
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Manoj A.D.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Chequebook, Dishonor Memo, Pass Book of the savings account.
Defendants Documents
Copy of petition filed by plaintiff before the Taluk Legal Service Committee, Kanjirappally.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabitha G.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- D. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Plaintiff claimed the recovery of ₹6 Lakhs with interest.
Evidence:
The court is of the view that plaintiff is entitled to get ₹4,31,000/- with interest at the rate of 6% per annum.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Defendant issued this cheque as a promise to repay the borrowed amount.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo was produced to prove that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
This account passbook was presented to demonstrate the plaintiff's financial capacity.
Reference:
Ext.A3
Document Type:
Copy of Petition
Submitted By:
Defendant
Relevance:
This document shows that the plaintiff previously acknowledged receiving repayments from the defendant.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Cheque dishonour
Case Code
O.S.
Case Code Year
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act