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
The accused was found guilty of dishonouring a cheque and sentenced to pay a fine of Rs.4,38,000 or undergo 6 months of simple imprisonment.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Thus, the complainant has filed the complaint within the statutory period after complying all the legal formalities for institution of a complaint for offence under section 138 of the Negotiable Instruments Act.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Mohammed Kutty
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kunnakkad Fathima
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abdul Jaleel
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Jaleel
- Party Age
- 45
Plaintiffs Documents
Cheque No.592896, Lawyer notice, Postal receipt, Registered reply notice
Defendants Documents
Not available
Advocates
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:
Case Classification
Case Type
Criminal Case - Section 138 N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dishonour of cheque
Case Code
ST.
Case Code Year
2015
Case Flags
Cheque-Related Case
Imprisonment Involved
Arrest Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months