S.T. No. 55/2022

Case between Mohammed Avukkal @ Mahamood A. vs A1 White Ray Consortium et al regarding cheque dishonor

Court

COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, NADAPURAM

Judge

Sri. Yadukrishnan B.

Order Date

2025-01-30

Duration

approximately-3 years 4 months 1 day

Case Closed

Thu, 01/30/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The case involves a private complaint filed under the Negotiable Instruments Act against the partners of a firm for issuing a cheque that was dishonored due to insufficient funds. The complainant alleged that he lent money to the accused, who failed to repay it.

Judgment Outcome

Plaintiff Won

Interim Order

The court found the accused guilty under section 138 of the Negotiable Instruments Act and convicted the third accused. The court ordered a fine and simple imprisonment.

Judgment Favored

Plaintiff

Relief Granted

A fine of ₹24,00,000/- and simple imprisonment till rising of the court.

Case Type

Criminal Complaint

Final Judgment

The court found the accused guilty under section 138 of the Negotiable Instruments Act and convicted the third accused. The court ordered a fine and simple imprisonment.

Why Plaintiff Won:
The cheque was issued in discharge of a legally enforceable debt and was dishonored due to insufficient funds.

Losing Side's Weaknesses:
The cheque was issued in discharge of a legally enforceable debt and was dishonored due to insufficient funds.

Supporting Evidence

The complainant has successfully established his case under section 138 of the N.I. Act. The execution of Ext.P1 cheque is admitted by the accused persons.

Judgment Evidence:

In the result, the accused No.3 is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹24,00,000/-.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Mohammed Avukkal @ Mahamood A.
Party Age: 58
Relation: S/o

Party Role: Defendant
Party Name: A1 White Ray Consortium

Party Role: Defendant
Party Name: Ambathukandi Kakkadavil Abdul Azeez
Party Age: 43
Relation: S/o

Party Role: Defendant
Party Name: Jamsheed Vammery
Party Age: 39
Relation: S/o

Plaintiffs Documents

Cheque dated 23.07.2021, Return Memo, Registered lawyer notice, Postal receipts, Acknowledgment Card.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: M. Siju
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: M. Sijith
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Granted

Description:

Accused No.3 is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹24,00,000/-.

Evidence:

The accused No.3 is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹24,00,000/- (Rupees Twenty Four Lakhs Only) U/s. 138 of the Negotiable Instruments Act.

Relief Type: Other

Outcome: Granted

Description:

In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.

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:

Issued in favor of the complainant for the discharge of a legally enforceable debt.

Reference:

Ext.P1

Document Type: Cheque Return Memo

Submitted By: Plaintiff

Relevance:

Communicates that the cheque was returned due to insufficient funds.

Reference:

Ext.P2

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Informing the accused about the dishonor of the cheque and demanding payment.

Reference:

Ext.P3

Document Type: Postal Receipts

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice.

Reference:

Ext.P4

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Shows the 2nd accused received the notice.

Reference:

Ext.P5

Document Type: Return Notice

Submitted By: Plaintiff

Relevance:

Return of notice sent to accused No.1.

Reference:

Ext.P6

Document Type: Return Notice

Submitted By: Plaintiff

Relevance:

Return of notice sent to accused No.3.

Reference:

Ext.P7

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Document supporting the complainant's case.

Reference:

Ext.P8

Document Type: Certificate

Submitted By: Plaintiff

Relevance:

Document supporting the complainant's identity.

Reference:

Ext.P9

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Document supporting the complainant's case.

Reference:

Ext.P10

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Document supporting the complainant's case.

Reference:

Ext.P11

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Document supporting the complainant's case.

Reference:

Ext.P12

Document Type: Possession Certificate

Submitted By: Plaintiff

Relevance: