Case Summary
M/s. Sree Gokulam Chit & Finance Co. (P) Ltd. filed a complaint against Mrs.Thasni Mayin for dishonor of a cheque issued to them. The court found the accused guilty of the offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to pay a fine of ₹71,840/-.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty and imposed a fine for the offence committed under section 138 of the Negotiable Instruments Act.
Why Plaintiff Won:
The complainant established that the accused issued a cheque towards legally recoverable debt.
The complainant established that the accused issued a cheque towards legally recoverable debt.
Losing Side's Weaknesses:
The complainant established that the accused issued a cheque towards legally recoverable debt.
The complainant established that the accused issued a cheque towards legally recoverable debt.
Supporting Evidence
It can be safely concluded that the accused has issued Exhibit P6 cheque in discharge of legally recoverable debt.
Judgment Evidence:
The accused is found to have committed the offence punishable under section 138 of NI Act. The accused is sentenced to pay a fine of ₹71,840/- (Rupees seventy one thousand eight hundred and forty only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Sree Gokulam Chit & Finance Co. (P) Ltd.
- Party Role
- Plaintiff
- Party Name
- K.R. Sibu
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs.Thasni Mayin
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Extract from the minutes of the Board of Directors, Promissory note, Debt acknowledgment, Guarantee deed, Statement of account, Cheque, Dishonour memo, Lawyer’s notice, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Michael James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Imposition of fine on the accused.
Evidence:
The accused is sentenced to pay a fine of ₹71,840/-.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Default imprisonment for non-payment of fine.
Evidence:
In default, the accused shall undergo simple imprisonment for a period of 1(one) month.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused in discharge of a legally enforceable debt.
Reference:
P6
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note executed by the accused's husband establishes the debt owed.
Reference:
P2
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
This document indicates the acknowledgment of the debt by the accused.
Reference:
P3
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
This document indicates the guarantee arrangement involving the accused.
Reference:
P4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the arrears owed by the accused's husband to the complainant.
Reference:
P5
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque issued was dishonored due to insufficient funds.
Reference:
P7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the accused regarding the dishonor of the cheque.
Reference:
P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice to the accused.
Reference:
P9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the receipt of the lawyer's notice by the accused.
Reference:
P10
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
2021
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month