Case Summary
The plaintiff, Mr. Jamal C.A., is seeking to recover a loan of Rs. 8,80,000 from the defendant, Ramesh K.G., which was initially loaned with the promise of repayment. The defendant issued bounced cheques when the plaintiff requested repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.8,80,000 from the defendant and from his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover Rs. 8,80,000 along with interest from the defendant.
Why Plaintiff Won:
The unrebutted oral testimonies of the plaintiff and the evidence presented established the plaintiff's claims.
The unrebutted oral testimonies of the plaintiff and the evidence presented established the plaintiff's claims.
Losing Side's Weaknesses:
The unrebutted oral testimonies of the plaintiff and the evidence presented established the plaintiff's claims.
The unrebutted oral testimonies of the plaintiff and the evidence presented established the plaintiff's claims.
Supporting Evidence
The unrebutted oral testimonies of PW1 and Exts. A1 to A9, established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.8,80,000 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Jamal C.A.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramesh K.G.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Original cheque No.608579 dated 13.07.2020 for Rs.2,50,000, Original cheque No.660232 dated 13.07.2020 for Rs.2,50,000, Original cheque No.660231 dated 16.07.2020 for Rs.3,80,000, Dishonour memo dated 14.07.2020 of Ext. A1, Dishonour memo dated 14.07.2020 of Ext. A2, Dishonour memo dated 17.07.2020 of Ext. A3, Office copy of Lawyer Notice, Postal cover returned, Original passbook.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A. Ajmal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima V.A.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.8,80,000/- from the defendant and from his assets.
Evidence:
Plaintiff is entitled to realize Rs.8,80,000/- (Rupees Eight Lakhs eighty thousand only) from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.8,80,000/- from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.8,80,000/- (Rupees Eight Lakhs eighty thousand only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.8,80,000/- from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.8,80,000/- (Rupees Eight Lakhs eighty thousand only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Ext.A1 is the original cheque No.608579 dated 13.07.2020 for Rs.2,50,000/-.
Reference:
Ext.A1
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the original cheque No.660232 dated 13.07.2020 for Rs.2,50,000/-.
Reference:
Ext.A2
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the original cheque No.660231 dated 16.07.2020 for Rs.3,80,000/-.
Reference:
Ext.A3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the original dishonour memo dated 14.07.2020 of Ext.A1.
Reference:
Ext.A4
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the original dishonour memo dated 14.07.2020 of Ext.A2.
Reference:
Ext.A5
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Ext.A6 is the original dishonour memo dated 17.07.2020 of Ext.A3.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Ext.A7 is the copy of lawyer's notice dated 27.07.2020.
Reference:
Ext.A7
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Ext.A8 is the original return envelope with endorsement addressee left.
Reference:
Ext.A8
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Ext.A9 is the original passbook of plaintiff of Punjab National Bank.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Mr. Jamal C.A. vs Ramesh K.G. regarding realization of money
Case Code Year
Case between Mr. Jamal C.A. vs Ramesh K.G. regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act