Case Summary
M/s QCRETE READY MIX INDIA PVT LTD, a private limited company, filed a complaint against George M Philip for issuing a cheque that was dishonored due to insufficient funds. The court found George M Philip guilty of the offense under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused shall undergo simple imprisonment for two months and pay a fine of 3,34,800/- to the complainant as compensation.
Case Type
Criminal Case
Final Judgment
No
The court found George M Philip guilty of the offense under Section 138 of the Negotiable Instruments Act and sentenced him to simple imprisonment and a fine.
Why Plaintiff Won:
The execution of the cheque was established, and it was proven that the cheque was dishonored due to insufficient funds.
The execution of the cheque was established, and it was proven that the cheque was dishonored due to insufficient funds.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The execution of Exhibit P5 cheque is proved. Presumption under Section 139 NI Act arises. It is very well established from the evidence adduced herein that Cheque was dishonoured for 'Funds Insufficient' and statutory notice was duly issued and served. The accused has failed to rebut the presumption with credible evidence.
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: The accused shall undergo simple imprisonment for two (2) months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s QCRETE READY MIX INDIA PVT LTD
- Party Role
- Defendant
- Party Name
- George M Philip
- Party Age
- 55
Plaintiffs Documents
Resolution for authorization dated 04.06.2020, Resolution for authorization dated 15.07.2019, Order of confirmation form dated 02.11.2018, nine invoices, cheque bearing No.79660 dated 26.06.2019, dishonour memo dated 27.06.2019, Lawyer’s notice dated 11.07.2019.
Defendants Documents
Company /LLP Master data.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayakrishnan R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Francis Jacob K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is convicted and sentenced to simple imprisonment and fine.
Evidence:
The accused is found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
Relief Type:
Other
Outcome:
Granted
Description:
Compensation awarded to the complainant as part of the sentence.
Evidence:
Out of the fine amount, a sum of 3,34,800/- shall be paid to the complainant as compensation under Section 357(1)(b) Cr.P.C.
Relief Type:
Other
Outcome:
Granted
Description:
Interest on the cheque amount awarded to the complainant.
Evidence:
The complainant shall also be entitled to interest at the rate of 6% per annum on the cheque amount from the date of the cheque until realization.
Documents & Evidence
Document Type:
Resolution for authorisation
Submitted By:
Plaintiff
Relevance:
Authorization for the complainant to initiate the prosecution.
Reference:
Ext.P1
Document Type:
Resolution for authorisation
Submitted By:
Plaintiff
Relevance:
Authorization for Mr. Anoop M.L. to represent the complainant in the case.
Reference:
Ext.P2
Document Type:
Order of confirmation form
Submitted By:
Plaintiff
Relevance:
Confirmation of the order made by the complainant for ready-mix concrete.
Reference:
Ext.P3
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoices issued for the sales of ready-mix concrete to the accused.
Reference:
Exts.P4 to P4h
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused towards the payment for ready-mix concrete.
Reference:
Ext.P5
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo indicating that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P6
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
The statutory notice issued to the accused for repayment after dishonour of the cheque.
Reference:
Ext.P7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of the sending of the statutory notice.
Reference:
Exts.P8 and P8a
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the statutory notice by the accused.
Reference:
Exts.P9 and P9a
Document Type:
Certification of Incorporation
Submitted By:
Court
Relevance:
Proof of the complainant company's incorporation.
Reference:
Ext.P10
Document Type:
Memorandum of Association
Submitted By:
Court
Relevance:
Details of the complainant company's structure and objectives.
Reference:
Ext.P11
Document Type:
Articles of Association
Submitted By:
Court
Relevance:
Regulations governing the complainant company.
Reference:
Ext.P12
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
2020
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
2 months