Case Summary
The complaint is filed by M/s. Malankara Plantation Limited against Suresh S for dishonouring a cheque issued towards a legally enforceable debt. The complainant alleges that the cheque was dishonoured due to insufficient funds after being issued for a supply of goods worth ₹50,000.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused shall pay a fine of ₹50,000, and in default, undergo simple imprisonment for two months.
Case Type
Criminal Case
Final Judgment
No
The accused has been found guilty under Section 138 of the Negotiable Instruments Act and is sentenced to two months imprisonment and a fine of ₹50,000.
Why Plaintiff Won:
The complainant provided consistent evidence proving the issuance of the cheque and its dishonour.
The complainant provided consistent evidence proving the issuance of the cheque and its dishonour.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant’s evidence, both oral and documentary, clearly establishes that the accused had a legally enforceable liability of ₹50,000 and that the cheque was issued towards its discharge.
Judgment Evidence:
In the result: In view of the above findings, the accused is found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Accordingly, the accused is convicted under section 255(2) Cr.PC and sentenced as follows: (1)The accused shall undergo simple imprisonment for two (2) months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Malankara Plantation Limited
- Party Role
- Defendant
- Party Name
- Suresh S
- Relation
- Proprietor
Plaintiffs Documents
Photocopy of Power of Attorney, Cheque No. 024236 dated 25-07-2007, Bank dishonour memos, Statutory notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Siby Chenappady
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G Ajithkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused shall pay a fine of ₹50,000/- as compensation to the complainant.
Evidence:
In view of the above findings, the accused is found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
Relief Type:
Injunction
Outcome:
Granted
Description:
The accused is sentenced to undergo simple imprisonment for two months.
Evidence:
Accordingly, the accused is convicted under section 255(2) Cr.PC and sentenced as follows: (1) The accused shall undergo simple imprisonment for two (2) months.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document establishing the authority of Punnoose P. George to file the complaint on behalf of M/s. Malankara Plantation Limited.
Reference:
P1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney dated 27-06-2009 in favour of George Jacob.
Reference:
P2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney dated 14-04-2010 in favour of PW.
Reference:
P3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused dated 25-07-2007 towards payment of the liability, which was dishonoured.
Reference:
P4
Document Type:
Bank dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo indicating the dishonour of the cheque on 03-07-2007.
Reference:
P5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating the return of the cheque on 17-08-2007.
Reference:
P6
Document Type:
Statutory Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the accused regarding the dishonour of the cheque.
Reference:
P7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the statutory notice.
Reference:
P8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card signed by the accused acknowledging receipt of the statutory notice.
Reference:
P9
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of Attorney in favour of PW2 (certified copy).
Reference:
P10
Document Type:
Distributorship application
Submitted By:
Plaintiff
Relevance:
Application form submitted by the accused when appointed as distributor.
Reference:
P11
Document Type:
Ledger/account statement
Submitted By:
Plaintiff
Relevance:
Statements reflecting the transaction related to the accused.
Reference:
P12
Document Type:
Delivery challan
Submitted By:
Plaintiff
Relevance:
Challan evidencing supply of products to the accused.
Reference:
P12(a)
Document Type:
Delivery challan
Submitted By:
Plaintiff
Relevance:
Delivery Challan No.2483, related to the supply transactions.
Reference:
P13
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2015
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
2 months