Case Summary
The plaintiff, Mohanan, is seeking recovery of money due under a cheque from the defendants, Jagadeesh Chandran and his wife Santha. The defendants failed to honor the cheques issued to the plaintiff, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize the plaint claim of ₹ 1,71,750 and also to realize 9% interest per annum from the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover the claimed amount along with interest. The plaintiff is entitled to receive ₹ 1,71,750 and interest at 9% per annum from the defendants.
Why Plaintiff Won:
The defendants failed to present credible evidence to refute the plaintiff's claims.
The defendants failed to present credible evidence to refute the plaintiff's claims.
Losing Side's Weaknesses:
The defendants failed to present credible evidence to refute the plaintiff's claims.
The defendants failed to present credible evidence to refute the plaintiff's claims.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realize the plaint claim of ₹.1,71,750/- and also to realize 9% interest per annum from the defendants and their assets from the date of the suit ie, 19.03.2025 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jagadeesh Chandran
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santha
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Original cheque No.110711 dated 11.03.2024, Original cheque No.110750 dated 19.03.2024, Dishonour Memo dated 08.05.2024, Legal notice dated 13.05.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D.Subhash Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹.1,71,750/- along with 9% interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realize the plaint claim of ₹.1,71,750/- (Rupees One Lakh Seventy One Thousand Seven Hundred and Fifty only) and also to realize 9% interest per annum from the defendants and their assets from the date of the suit ie, 19.03.2025 till realization.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Cheque for ₹ 75,000/- dated 11.03.2024 drawn in favor of the plaintiff.
Reference:
Ext.A1
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Cheque for ₹ 75,000/- dated 19.03.2024 drawn in favor of the plaintiff.
Reference:
Ext.A2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo stating 'Funds Insufficient' for the cheques returned to the plaintiff.
Reference:
Ext.A3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Another memo for the same dishonour of the cheques.
Reference:
Ext.A3(a)
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants demanding payment.
Reference:
Ext.A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the 2nd defendant demanding payment.
Reference:
Ext.A4(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of the legal notice.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Another receipt confirming the sending of the legal notice.
Reference:
Ext.A5(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of receipt of the legal notice.
Reference:
Ext.A6(a)
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Mohanan vs Jagadeesh Chandran et al regarding money due under a cheque.
Case Code Year
Case between Mohanan vs Jagadeesh Chandran et al regarding money due under a cheque.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act