Case Summary
Madhu.A lent Rs.10,00,000 to Muhammed Basheer for business purposes, but he failed to repay it. The plaintiff claims the defendant issued a cheque which bounced due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.10,00,000 with future interest at 12% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to repay the borrowed amount with interest.
Why Plaintiff Won:
The plaintiff provided satisfactory evidence to prove his case regarding the loan and its repayment.
The plaintiff provided satisfactory evidence to prove his case regarding the loan and its repayment.
Losing Side's Weaknesses:
The plaintiff provided satisfactory evidence to prove his case regarding the loan and its repayment.
The plaintiff provided satisfactory evidence to prove his case regarding the loan and its repayment.
Supporting Evidence
However, there are two dishonour memos produced in this case. PW1 provides a satisfactory explanation for the production of two dishonour memos.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.10,00,000/- (Rupees ten lakhs only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Madhu.A
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Basheer
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Original Cheque NO.722600 of SBT, Thycaud Branch, Copy of Lawyer Notice, Postal Receipt
Defendants Documents
Original cheque No.494429 of Indian Bank, Kallai Road Branch, Original cheque No.550328 of Indian Bank, Kallai Road Branch
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A.M.Sudheesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.Deepu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.K.Lakshmi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay back Rs.10,00,000 with interest.
Evidence:
In the result, the suit is decreed as follows:- 1)The defendant is directed to pay an amount of Rs.10,00,000/- (Rupees ten lakhs only) with future interest at 12% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
2)The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The defendant issued a cheque to the plaintiff as a part of the loan agreement.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A notice sent to the defendant demanding payment after the cheque was dishonoured.
Reference:
Ext.A2
Document Type:
Undelivered Postal Cover
Submitted By:
Plaintiff
Relevance:
The postal cover was returned indicating that the addressee had left India.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo showing that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2(a)
Document Type:
Certification
Submitted By:
Plaintiff
Relevance:
A certified copy of the complaint filed against the defendant under Section 138 of the Negotiable Instruments Act.
Reference:
Ext.A6
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Showing a dishonour of another cheque related to the case.
Reference:
Ext.A8
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheques marked to prove the defense case.
Reference:
Ext.B1
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheques marked to prove the defense case.
Reference:
Ext.B2
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheques marked to prove the defense case.
Reference:
Ext.B3
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheques marked to prove the defense case.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Madhu.A vs Muhammed Basheer regarding realisation of money
Case Code Year
Case between Madhu.A vs Muhammed Basheer regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act