Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
S.T. No. 37/2023

Case between Moosa S/o Aboobacker Haji vs Sajeevan S/o Kumaran regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.

Court
COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, NADAPURAM
Judge
Sri. Yadukrishnan B.
Order Date
2025-02-28
Duration
approximately-4 years 4 months 8 days
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The complainant, Moosa, filed a complaint against the accused, Sajeevan, for dishonoring a cheque given as repayment for a loan. The court found the accused guilty under Section 138 of the Negotiable Instruments Act for failing to pay the cheque amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court convicted the accused for the offence under Section 138 of the Negotiable Instruments Act and held him liable to pay a fine of ₹2,00,000/-.
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹2,00,000/- and Simple Imprisonment till rising of the court.
Case Type
Criminal Case
Final Judgment
No
The court convicted the accused for the offence under Section 138 of the Negotiable Instruments Act and held him liable to pay a fine of ₹2,00,000/-.
Why Plaintiff Won:
The complainant successfully proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Losing Side's Weaknesses:
The complainant successfully proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Supporting Evidence
The complainant has established a probable case in his favour. The cheque has been issued in discharge of a legally enforceable debt or liability.

Judgment Evidence:

In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹2,00,000/- (Rupees Two Lakhs Only) U/s. 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Moosa S/o Aboobacker Haji
Relation
S/o
Party Role
Defendant
Party Name
Sajeevan S/o Kumaran
Relation
S/o
Plaintiffs Documents
Cheque dated 05.03.2020, Cheque return memo dated 20.03.2020, Registered lawyer notice dated 18.04.2020, Acknowledgment card dated 18.04.2020.
Defendants Documents
Statement of Account of Moosa M. P. dated 01.01.2010 to 25.03.2020, Cheque Book Issue Register.

Advocates

Party Role
Plaintiff
Advocate Name
Ali V.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
U.V. Pradeepan
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The accused is sentenced to pay a fine and undergo imprisonment in default.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹2,00,000/-.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The cheque dated 05.03.2020 was issued in favor of the complainant and was presented for payment.
Reference:
Ext.P1
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
The memo issued by the bank stating the cheque was returned due to insufficient funds.
Reference:
Ext.P2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The registered lawyer notice sent to the accused regarding the cheque bounce.
Reference:
Ext.P3
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
The acknowledgment card confirming the receipt of the lawyer notice by the accused.
Reference:
Ext.P4
Document Type: Statement of Account
Submitted By: Defendant
Relevance:
Document presented by the defense regarding the financial transactions.
Reference:
Ext.D1
Document Type: Cheque Book Issue Register
Submitted By: Defendant
Relevance:
Document used by the defense to support their claim regarding the cheque.
Reference:
Ext.D2

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Moosa S/o Aboobacker Haji vs Sajeevan S/o Kumaran regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between Moosa S/o Aboobacker Haji vs Sajeevan S/o Kumaran regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.

Case Flags

Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months

Quick Facts

Location
Nadapuram
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Mon, 10/05/2020 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Faisal vs Rahees regarding dishonor of cheque under the Negotiable Instruments Act
Court of Judicial Magistrate of First Class-II, Nadapuram
Criminal Case Plaintiff Won
Case between Azees vs Rahees regarding dishonor of cheque
Court of Judicial Magistrate of First Class-II, Nadapuram
Criminal Case Plaintiff Won
Case between P. Muhammadali vs Ameer Kattaroli regarding U/s.138 of The Negotiable Instruments Act, 1881.
Court of Judicial Magistrate of First Class-II, Nadapuram
Criminal Case Plaintiff Won
Case between Nikhil vs Shamsu regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.
COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, NADAPURAM
Criminal Case Plaintiff Won
Case between M. K. Abdul Rahman vs Hameed P. K. regarding U/s.138 of The Negotiable Instruments Act, 1881
Court of Judicial Magistrate of First Class-II, Nadapuram
Criminal Case Plaintiff Won