Case Summary
The complainant, M. V. Saleem, filed a private complaint against the accused, Suresh, for dishonoring a cheque issued in the amount of Rs.3,52,500 under the Negotiable Instruments Act. The accused was found guilty and sentenced for the offense.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹7,05,000.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty of issuing a cheque that was dishonored due to insufficient funds and sentenced him to undergo simple imprisonment and pay a fine.
Why Plaintiff Won:
The court found that the complainant had proved the issuance of the cheque for a legally enforceable debt, which was subsequently dishonored.
The court found that the complainant had proved the issuance of the cheque for a legally enforceable debt, which was subsequently dishonored.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant has successfully established the formalities with regard to the institution of the complaint.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹7,05,000.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. V. Saleem
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muneer
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Cheque dated 02.03.2020, Cheque Return Memo dated 08.05.2020, Registered Lawyer Notice dated 30.05.2020, Postal Receipt dated 30.05.2020, Acknowledgment Card dated 12.06.2020, Agreement dated 02.09.2019, Power of Attorney dated 29.09.2020
Defendants Documents
Sale deed dated 27.08.2021, Consent Letter dated 20.11.2021
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V. K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- E. K. Muhammad Ali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lineesh Kumar P.C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Accused was sentenced to undergo Simple Imprisonment and pay a fine.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 7,05,000 ₹/- (Rupees Seven Lakhs Five Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused for payment to the complainant.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing the reason for dishonor of the cheque presented by the complainant.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the accused regarding the dishonor of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming dispatch of the lawyer notice to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card confirming the receipt of the lawyer notice by the accused.
Reference:
Ext.P5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between the complainant and the accused related to the investment amount.
Reference:
Ext.P6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document granting authority to the complainant to act on behalf of the party.
Reference:
Ext.P7
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Document presented by the accused to prove payment made to the complainant.
Reference:
Ext.D1
Document Type:
Consent letter
Submitted By:
Defendant
Relevance:
Letter purportedly documenting the settlement of payment details with the complainant.
Reference:
Ext.D2
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Oral testimonies provided by both parties.
Reference:
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. V. Saleem vs Suresh regarding dishonor of cheque
Case Code Year
Case between M. V. Saleem vs Suresh regarding dishonor of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months