Case Summary
Plaintiff filed a suit seeking the realization of Rs. 5,00,000 from the defendant, who issued a cheque that was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 5,00,000 with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed the suit in favor of the plaintiff directing the defendant to pay Rs. 5,00,000 with 6% interest per annum.
Why Plaintiff Won:
Plaintiff provided cogent and reliable evidence including the dishonored cheque and lawyer notice.
Plaintiff provided cogent and reliable evidence including the dishonored cheque and lawyer notice.
Losing Side's Weaknesses:
Plaintiff provided cogent and reliable evidence including the dishonored cheque and lawyer notice.
Plaintiff provided cogent and reliable evidence including the dishonored cheque and lawyer notice.
Supporting Evidence
There is nothing to unruffle the evidence adduced by PW1. Hence the evidence adduced by the PW1 remained unchallenged. I find no reason to disbelieve the evidence adduced by the plaintiff.
Judgment Evidence:
The suit is decreed as follows: 1. The defendant is hereby directed to pay the plaintiff an amount of Rs. 5,00,000/- with interest at the rate of 6% per annum from the date of suit till realization. 2. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Medammal Fathima Suhara
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammed kutty
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Cheque for Rs.5,00,000/- dt; 19-11-2016, 17-1-2017 - Memo, 27-1-2017 - Registered Lawyer Notice.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vipin Chandrasekharan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Payment of Debt with Interest
Outcome:
Granted
Description:
Plaintiff awarded Rs. 5,00,000 with 6% annual interest
Evidence:
The defendant is hereby directed to pay the plaintiff an amount of Rs. 5,00,000/- with interest at the rate of 6% per annum from the date of suit till realization.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of the dishonored cheque for Rs.5,00,000/- dt; 19-11-2016.
Reference:
Ext.A1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo dated 17-1-2017 showing the dishonor of the cheque.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Registered Lawyer Notice dated 27-1-2017.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of debt
Case Code
Case between Medammal Fathima Suhara vs Muhammed kutty regarding money realisation
Case Code Year
Case between Medammal Fathima Suhara vs Muhammed kutty regarding money realisation
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour