Case Summary
The complainant, M. K. Abdul Rahman, claims that the accused, Hameed P. K., borrowed an amount of Rs. 6,25,000/- and failed to repay it. The accused issued two cheques which were dishonored due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused sentenced to pay a fine of ₹6,50,000/- and ₹6,00,000/- for the respective cases.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty under Section 138 of the Negotiable Instruments Act for issuing cheques that were dishonored.
Why Plaintiff Won:
The complainant proved that the cheques were issued for a legally enforceable debt which was not repaid.
The complainant proved that the cheques were issued for a legally enforceable debt which was not repaid.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant has deposed that he has given Rs.6,25,000/- to the accused however was not sure with respect to the exact date on which he has given the amount.
Judgment Evidence:
In the result, under ST 20/2024 the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹6,50,000/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. K. Abdul Rahman
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hameed P. K.
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Cheque No. 486231, Cheque No. 486232, Dishonor Memo, Registered lawyer notice, Postal Receipt, Agreement.
Defendants Documents
Medical Reports, Indian Passport No. U6566144.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. P. Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnakumar K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Fine imposed for the cheque dishonor.
Evidence:
The accused is sentenced to pay a fine of ₹6,50,000/- for ST 20/2024.
Relief Type:
Damages
Outcome:
Granted
Description:
Fine imposed for the cheque dishonor.
Evidence:
The accused is sentenced to pay a fine of ₹6,00,000/- for ST 23/2024.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment for default in paying the 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:
Cheque issued by the accused to secure a loan, which was dishonored.
Reference:
P1
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Document indicating that the cheque was returned due to insufficient funds.
Reference:
P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused regarding the dishonor of the cheque.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the accused.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card signed by the accused confirming receipt of the lawyer notice.
Reference:
P5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the agreement between the complainant and the accused regarding the loan.
Reference:
P6
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Second cheque issued by the accused for the same loan, which was also dishonored.
Reference:
P7
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Document indicating that the second cheque was returned due to insufficient funds.
Reference:
P8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused regarding the dishonor of the second cheque.
Reference:
P9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice for the second cheque to the accused.
Reference:
P10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card signed by the accused confirming receipt of the second lawyer notice.
Reference:
P11
Document Type:
Medical Reports
Submitted By:
Defendant
Relevance:
Documents provided by the defense as evidence but not directly related to the case.
Reference:
D1
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Document used to establish an alibi for the accused.
Reference:
D2
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 M. K. Abdul Rahman vs Hameed P. K. regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Code Year
Case between M. K. Abdul Rahman vs Hameed P. K. regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months