Case Summary
M/s. Sree Gokulam Chit & Finance, Co.(P) Ltd filed a complaint against Rijo Jacob for dishonouring a cheque issued towards discharge of a legally enforceable liability. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused shall pay 40,000/- as compensation with interest at 9% per annum from the date of cheque till realisation.
Case Type
Criminal Case
Final Judgment
No
The court convicted Rijo Jacob for the offence punishable under Section 138 of the Negotiable Instruments Act and ordered him to pay compensation.
Why Plaintiff Won:
The cheque was issued towards a legally enforceable debt, and statutory requirements under Section 138 of the Negotiable Instruments Act were complied with.
The cheque was issued towards a legally enforceable debt, and statutory requirements under Section 138 of the Negotiable Instruments Act were complied with.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that the complainant proved all the ingredients of the offence punishable under Section 138 of the Negotiable Instruments Act.
Judgment Evidence:
In the result: The accused is convicted under section 55(2) Cr.P C for the offence punishable under Section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Sree Gokulam Chit & Finance, Co.(P) Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rijo Jacob
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
The certified copy of the Power of attorney, the true extract of the resolution passed by the Board of Directors of the complainant company, the promissory note dated 28.12.2018, the cheque dated 12.04.2021, the dishonour memo dated 06.07.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K S Ashif
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is directed to pay 40,000/- as compensation with interest.
Evidence:
The accused shall pay 40,000/- as compensation with interest at 9% per annum from the date of cheque till realisation.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment, the accused shall undergo simple imprisonment for two months.
Evidence:
In default of payment, the accused shall undergo simple imprisonment for two months.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The certified copy of the Power of attorney establishes the authority of the complainant to represent the case.
Reference:
Ext.P1
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
The true extract of the resolution passed by the Board of Directors of the complainant company supports the legitimacy of the complaint.
Reference:
Ext.P2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note dated 28.12.2018 substantiates the financial transaction between the parties.
Reference:
Ext.P3
Document Type:
Monthly statement
Submitted By:
Plaintiff
Relevance:
The monthly statement maintained by the surety and the complainant company details the financial interactions relevant to the case.
Reference:
Ext.P4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque dated 12.04.2021 for Rs. 40,000 is central to the claim of dishonour and the statutory requirements under Section 138.
Reference:
Ext.P5
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The dishonour memo dated 06.07.2021 confirms that the cheque was returned due to insufficient funds.
Reference:
Ext.P6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The copy of the lawyer's notice sent to the accused demonstrates compliance with statutory notice requirements.
Reference:
Ext.P7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt provides evidence of the delivery of the lawyer's notice.
Reference:
Ext.P8
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
The A/D card serves as further proof of the receipt of the statutory notice by the accused.
Reference:
Ext.P9
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
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
2 months