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ORIGINAL SUIT No.632/2017

Case between Madhu.A vs Muhammed Basheer regarding realisation of money

Court
COURT OF ADDITIONAL MUNSIFF -II, KOZHIKODE
Judge
Smt.MEERA JOHN.K
Order Date
2025-02-07
Duration
approximately-8 years 18 days
Case Closed
Fri, 02/07/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendant to repay the borrowed amount with interest.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Sun, 01/15/2017 - 12:00
Case Closed
Fri, 02/07/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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