Case Summary
Complaint filed under section 138 of the Negotiable Instruments Act against the accused for dishonouring a cheque issued towards a business loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.4,38,000 or 6 months imprisonment
Case Type
Criminal Case - Section 138 N.I. Act
Final Judgment
No
Why Plaintiff Won:
The complainant successfully proved the execution and issuance of the cheque by the accused towards a legally enforceable debt.
The complainant successfully proved the execution and issuance of the cheque by the accused towards a legally enforceable debt.
Judgment Evidence:
The accused is found guilty and convicted for offence u/s 138 of the Negotiable Instruments Act and the first accused sentenced to pay fine of Rs.4,38,000/- for offence u/s 138 N.I.Act. In default of payment of fine, the first accused shall undergo simple imprisonment for a period of 6 months.
Parties Involved
Plaintiffs
Mohammed Kutty (46 years)
Pilathottathil House, Thanneerchal, Kalpakanchery Amsom Desom, Kalpakanchery P. O, Tirur Taluk
Kunnakkad Fathima (40 years)
Pilathottathil House, Thanneerchal, Kalpakanchery Amsom Desom, Kalpakanchery P. O, Tirur Taluk
Defendants
Abdul Jaleel (45 years)
Palakkal House, Varanakkara, Kanmanam. P. O., Tirur Taluk, Malappuram District
Abdul Jaleel (45 years)
Valanchery Road, Puthanathani, Punnathala. P. O, Tirur Taluk
Reliefs
Relief Type:
Dishonour of Cheque
Outcome:
Granted
Description:
Fine of Rs.4,38,000 or 6 months imprisonment
Evidence:
The accused is found guilty and convicted for offence u/s 138 of the Negotiable Instruments Act and the first accused sentenced to pay fine of Rs.4,38,000/- for offence u/s 138 N.I.Act. In default of payment of fine, the first accused shall undergo simple imprisonment for a period of 6 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Dated 25.7.2013 - Cheque No.592896 for Rs.4,38,000/- of Syndicate Bank, Tirur Branch
Reference:
Ext.P1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
7.8.2013 - Lawyer notice and Postal receipt sent to accused
Reference:
Ext.P5, Ext.P6
Document Type:
Not available
Submitted By:
Defendant
Relevance:
Not available
Reference: