Case Summary
The complainant, M/s. Sree Gokulam Chit & Finance Co. Pvt. Ltd, filed a complaint against the accused Sureshkumar for dishonor of cheques issued for payment of a legally enforceable debt. The court found the accused guilty and sentenced him accordingly.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,48,000/- and imprisonment for two months.
Case Type
Criminal Case
Final Judgment
No
The court convicted the accused of the offence under section 138 of the Negotiable Instruments Act and sentenced him to imprisonment and compensation.
Why Plaintiff Won:
The complainant proved that the cheques issued by the accused were dishonored and all legal formalities were complied with.
The complainant proved that the cheques issued by the accused were dishonored and all legal formalities were complied with.
Losing Side's Weaknesses:
The complainant proved that the cheques issued by the accused were dishonored and all legal formalities were complied with.
The complainant proved that the cheques issued by the accused were dishonored and all legal formalities were complied with.
Supporting Evidence
The complainant proved beyond the shadow of reasonable doubt that Ext.P4 and P6 cheques were executed and issued by the accused in favour of the complainant in the discharge of a legally enforceable debt.
Judgment Evidence:
In the result, The accused is sentenced to undergo imprisonment for two months and to pay a compensation of Rs.1,48,000/- (Rupees One Lakh Forty Eight Thousand only) to the complainant U/S. 357 (3) Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Sree Gokulam Chit & Finance Co. Pvt. Ltd
- Party Role
- Defendant
- Party Name
- Sureshkumar
Plaintiffs Documents
Resolution of the Direct Board of the complainant Company dated 07/02/2015, Promissory note dated 27/06/2013, Ledger Extract for the period from 22/01/2013 to 22/08/2014, Cheque No.29232 dated 21/11/2015, Cheque dishonour memo dated 23/11/2015, Cheque No.29233 dated 21/11/2015, Cheque dishonour memo dated 23/11/2015, Copy of Advocate Notice dated 01/12/2015, Postal receipt dated 01/12/2015.
Defendants Documents
Ledger Extract for the period from 07/02/2015 to 01/12/2015.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.R. Roy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Bose Vincent
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation ordered to be paid to the complainant.
Evidence:
The accused is sentenced to undergo imprisonment for two months and to pay a compensation of Rs.1,48,000/- (Rupees One Lakh Forty Eight Thousand only) to the complainant U/S. 357 (3) Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment for the accused due to the offence committed.
Evidence:
The accused is sentenced to undergo imprisonment for two months.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Further imprisonment in case of default in payment of compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a further period of one month for the offence U/S. 138 of the Negotiable Instruments Act, 1881.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Proved the authority of the deputy manager to conduct the case.
Reference:
Ext.P1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Proved the debt obligation of the accused.
Reference:
Ext.P2
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
Provided evidence of the account transactions related to the accused.
Reference:
Ext.P3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused which was dishonoured.
Reference:
Ext.P4
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Indicates the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the accused that was dishonoured.
Reference:
Ext.P6
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Indicates the second cheque was also returned unpaid due to insufficient funds.
Reference:
Ext.P7
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Served to the accused to demand payment for the dishonoured cheques.
Reference:
Ext.P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of the mailing of the advocate notice to the accused.
Reference:
Ext.P9
Document Type:
Ledger Extract
Submitted By:
Defendant
Relevance:
Evidence presented by the accused regarding his transactions.
Reference:
Ext.D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST.NO.
Case Code Year
2019
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
2 months