Case Summary
The complainant, M/s Salini Steels, alleged that the accused, Mrs. Rethiyamma Prince, issued a cheque that was dishonoured due to insufficient funds. The case revolves around the recovery of money owed for a transaction involving building materials.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Imprisonment till rising of the court and a fine of ₹.3,20,000/-.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of issuing a cheque for an amount that was dishonoured due to insufficient funds and was ordered to undergo imprisonment and pay a fine.
Why Plaintiff Won:
The complainant proved that the cheque was issued in discharge of a legally enforceable debt.
The complainant proved that the cheque was issued in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The complainant proved that the cheque was issued in discharge of a legally enforceable debt.
The complainant proved that the cheque was issued in discharge of a legally enforceable debt.
Supporting Evidence
Here in this case, except some flimsy contentions, accused failed to give proper explanation or proof to substantiate her case that Ext. P1 cheque was misused by complainant as contended by him.
Judgment Evidence:
In the result, accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹.3,20,000/- (Rupees Three Lakh Twenty Thousand only) under Section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Salini Steels
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mrs. Rethiyamma Prince
- Relation
- W/o
Plaintiffs Documents
Cheque bearing No.991544 dated 26.10.2016 for ₹.1,80,000/-, Dishonour memo dated 28.10.2016, Office copy of lawyer's notice dated 02.11.2016.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sreekanth Soman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. N. Harimohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Malu Johnson
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Accused is sentenced to imprisonment and a fine.
Evidence:
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹.3,20,000/- under Section 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Accused issued the cheque to the complainant which was later dishonoured.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Document confirming the dishonour of the cheque due to insufficient funds.
Reference:
Ext.P2
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the accused demanding payment for the dishonoured cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the advocate's notice to the accused.
Reference:
Ext.P4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt of the advocate's notice by the accused.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
ST
Case Code Year
2019
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months