Case Summary
Latheef filed a complaint against Suresh for issuing a cheque that was returned due to insufficient funds. The court found Suresh guilty of the offence under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Sentenced to undergo imprisonment till rising of the court and to pay compensation of Rs. 250,000/-.
Case Type
Criminal Case
Final Judgment
No
The court found Suresh guilty of the offence under Section 138 of the Negotiable Instruments Act and ordered him to pay compensation.
Why Plaintiff Won:
The complainant proved that the accused issued the cheque towards discharging a legally enforceable debt.
The complainant proved that the accused issued the cheque towards discharging a legally enforceable debt.
Losing Side's Weaknesses:
The complainant proved that the accused issued the cheque towards discharging a legally enforceable debt.
The complainant proved that the accused issued the cheque towards discharging a legally enforceable debt.
Supporting Evidence
It can be seen that the consistent version of the complainant regarding the execution of Ext P1, right from the issuance of Ext P3 to the evidence of PW1, stands as such before the court.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.250,000/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Latheef @ Muhammed Latheef
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Cheque No.576097 dated 07.03.2016 for Rs. 2,50,000/-, Memo issued by State Bank of Travancore, Copy of Lawyer notice, Postal Receipt, Acknowledgement card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.H Arshad Ayyoob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P Najumudheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is directed to pay compensation to the complainant.
Evidence:
The Accused is found guilty and convicted for an offence punishable u/s 138 of the Negotiable Instrument Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to undergo simple imprisonment in default of payment of compensation.
Evidence:
In default of payment of compensation, accused shall undergo simple imprisonment for 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque dated 07.03.2016 was issued by the accused to discharge a liability towards the complainant.
Reference:
Exbt.P1
Document Type:
Memo
Submitted By:
Court
Relevance:
The memo issued by the State Bank shows that the cheque was returned unpaid due to 'Funds Insufficient'.
Reference:
Exbt.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the accused demanding payment for the dishonoured cheque.
Reference:
Exbt.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt verifies the sending of the lawyer's notice to the accused.
Reference:
Exbt.P4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
The acknowledgement card shows that the notice was returned as unserved.
Reference:
Exbt.P5
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 Latheef @ Muhammed Latheef vs Suresh regarding offence under N.I. Act
Case Code Year
Case between Latheef @ Muhammed Latheef vs Suresh regarding offence under N.I. Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months