Case Summary
Plaintiff Moideen, who worked abroad, filed suit against defendant Abdurahiman for repayment of Rs. 7,50,000 borrowed through a dishonored cheque. Defendant denied borrowing the amount and alleged misuse of the blank signed cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Repayment of Rs. 7,50,000 with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
Why Plaintiff Won:
Plaintiff proved through evidence and witnesses that defendant borrowed the amount and issued the dishonored cheque towards repayment. Defendant failed to provide evidence contradicting the plaintiff's claims.
Plaintiff proved through evidence and witnesses that defendant borrowed the amount and issued the dishonored cheque towards repayment. Defendant failed to provide evidence contradicting the plaintiff's claims.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendant is directed to pay an amount of Rs. 7,50,000 with interest at 12% per annum from the date of the suit till the date of the decree on the principal amount of Rs. 7,50,000 and there after at 6% per annum till realization to the plaintiff.
Parties Involved
Plaintiffs
Moideen (51 years)
Pookkayil House, Karinkappara Amsom, Omachappuzha Desom, Tirur Taluk
Defendants
Abdurahiman (Age not specified years)
Cheruparambil House, Nannam mukku Amsom, Thekkummuri Desom, Pidavannur, Naranippuzha, Ponnani Taluk
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Repayment of Rs. 7,50,000 with interest
Evidence:
The suit is decreed as follows: Defendant is directed to pay an amount of Rs. 7,50,000 with interest at 12% per annum from the date of the suit till the date of the decree on the principal amount of Rs. 7,50,000 and there after at 6% per annum till realization to the plaintiff.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Established the issuance of the cheque for debt repayment.
Reference:
A1 - Cheque No. 727320
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Dishonour memo from the bank.
Reference:
A2 - 10-09-2012
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Registered Lawyer Notice served to the defendant.
Reference:
A3 - 20-10-2012
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of notice receipt.
Reference:
A4 - 30-10-2012