Case Summary
M/s. Sree Gokulam Chits & Finance Co (P) Ltd. filed a complaint against Gandhivel.M for dishonor of a cheque issued in discharge of a legally enforceable debt. The court found the accused guilty.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo simple imprisonment for a period of one month and to pay a compensation of Rs.4,13,775/-.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of an offence under Section 138 of the Negotiable Instruments Act and was sentenced to one month of simple imprisonment and a compensation of Rs.4,13,775/- to the complainant.
Why Plaintiff Won:
The complainant successfully proved the execution and issuance of the cheque in discharge of a legally enforceable debt.
The complainant successfully proved the execution and issuance of the cheque in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The complainant successfully proved the execution and issuance of the cheque in discharge of a legally enforceable debt.
The complainant successfully proved the execution and issuance of the cheque in discharge of a legally enforceable debt.
Supporting Evidence
The evidence adduced in this case through the said documents proves that the complainant had presented Ext.P1 cheque for collection within time and thereafter, on its dishonour Ext. P3 notice was given to the accused within 30 days from the date of dishonour as stipulated in clause (b) of the proviso to Sec 138 of the NI Act.
Judgment Evidence:
In the result, the accused is found guilty of the offence punishable U/s 138 of the NI Act and he is convicted as there under. The accused is sentenced U/s 255 (2) of Cr.Pc and sentenced to undergo simple imprisonment for a period of one month and to pay a compensation of Rs.4,13,775/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Sree Gokulam Chits & Finance Co (P) Ltd.
- Party Role
- Defendant
- Party Name
- Gandhivel.M
Plaintiffs Documents
Cheque bearing No. 741879 dated 28/08/2016, Cheque return memo dated 31/08/2016, Office copy of legal notice dated 09/09/2016, Original postal receipt dated 09/09/2016, Acknowledgment card dated 10/09/2016.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shaji Divakaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anilkumar. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.4,13,775/- to the complainant.
Evidence:
The accused is sentenced to pay a compensation of Rs.4,13,775/- (Rupees Four Lakh Thirteen Thousand Seven Hundred and Seventy Five only) to the complainant.
Relief Type:
Injunction
Outcome:
Granted
Description:
Simple imprisonment for one month for the accused.
Evidence:
The accused is sentenced to undergo simple imprisonment for the period of one month.
Relief Type:
Other
Outcome:
Granted
Description:
Simple imprisonment for three months in default of payment.
Evidence:
In default of payment of which simple imprisonment for a term of three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was executed by the accused to discharge a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document proves that Ext.P1 cheque was dishonoured.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document was the notice sent to the accused demanding repayment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document shows the notice was sent to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document shows the notice was accepted by the accused.
Reference:
Ext.P5
Document Type:
Minutes of Proceedings
Submitted By:
Plaintiff
Relevance:
This document summarizes the proceeding details.
Reference:
Ext.P6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the liability of the accused towards the complainant.
Reference:
Ext.P7
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
Case between M/s. Sree Gokulam Chits & Finance Co (P) Ltd. vs Gandhivel.M regarding offence under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between M/s. Sree Gokulam Chits & Finance Co (P) Ltd. vs Gandhivel.M regarding offence under Section 138 of the Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
1 month