Case Summary
Lubain Madathil filed a complaint against Vishnu Mukundan for dishonoring a cheque. The cheque was issued as repayment for a loan of Rs. 2,00,000, which was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 4,00,000 as fine
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of dishonoring the cheque and sentenced to imprisonment and a fine. He must undergo simple imprisonment until the court rises and pay a fine of Rs. 4,00,000.
Why Plaintiff Won:
The cheque was duly executed and issued for a legally enforceable debt.
The cheque was duly executed and issued for a legally enforceable debt.
Losing Side's Weaknesses:
The cheque was duly executed and issued for a legally enforceable debt.
The cheque was duly executed and issued for a legally enforceable debt.
Supporting Evidence
The cheque when presented was dishonored due to funds insufficient in the account of the accused.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 4,00,000.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lubain Madathil
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishnu Mukundan
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Cheque No.034113 for Rs. 2,00,000, Return Memo, Registered Lawyer Notice, Postal Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rashid Kavil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- I. Rajan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aswanth P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid to the complainant.
Evidence:
If the amount of fine is realized, the same shall be paid to the complainant as compensation U/s. 357(1) Cr.PC.
Relief Type:
Simple Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to undergo Simple Imprisonment till rising of the court.
Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court.
Relief Type:
Fine
Outcome:
Granted
Description:
Accused is to pay a fine of ₹4,00,000/-.
Evidence:
To pay a fine of 4,00,000/- ₹ (Rupees Four Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Simple Imprisonment
Outcome:
Granted
Description:
Imprisonment for default in payment of fine.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved through PW1 to establish the dishonor of the cheque.
Reference:
Exhibit P1/PW1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Showing 'Funds Insufficient' issued by the Union Bank of India.
Reference:
Exhibit P2/PW1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proved through PW1 to establish that a notice was sent to the accused.
Reference:
Exhibit P3/PW1
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proved through PW1, indicating that the notice was acknowledged.
Reference:
Exhibit P4/PW1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Lubain Madathil vs Vishnu Mukundan regarding cheque dishonor
Case Code Year
Case between Lubain Madathil vs Vishnu Mukundan regarding cheque dishonor
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months