Case Summary
M/s Sree Gokulam Chits & Finance Co.(P) Ltd. filed a complaint against Smt. Amina Beevi alleging an offence under Section 138 of the Negotiable Instruments Act. The case involves a cheque issued by the accused which was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo imprisonment for two months and to pay a compensation of Rs. 2,40,000/-
Case Type
Criminal Case
Final Judgment
No
The accused, Smt. Amina Beevi, was found guilty of the offence under Section 138 of the Negotiable Instruments Act. She was sentenced to imprisonment for two months and ordered to pay a compensation of Rs. 2,40,000/-.
Why Plaintiff Won:
The complainant proved beyond reasonable doubt that the cheque was executed and dishonoured due to insufficient funds.
The complainant proved beyond reasonable doubt that the cheque was executed and dishonoured due to insufficient funds.
Losing Side's Weaknesses:
The complainant proved beyond reasonable doubt that the cheque was executed and dishonoured due to insufficient funds.
The complainant proved beyond reasonable doubt that the cheque was executed and dishonoured due to insufficient funds.
Supporting Evidence
The complainant would prove beyond the shadow of reasonable doubt that Ext.P4 cheque was 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. 2,40,000/- (Rupees Two Lakh Forty Thousand only) to the complainant U/S. 357 (3) Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Sree Gokulam Chits & Finance Co.(P) Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Smt. Amina Beevi
- Relation
- W/o
Plaintiffs Documents
Resolution dated 07/02/2015, Promissory note for Rs.2,40,000/- dated 11/06/2013, Ledger Extract dated 04/04/2020, Cheque bearing No.873052 dated 11/02/2015, Memorandum of cheque unpaid dated 26/03/2015, Advocate Notice dated 30/03/2015, Postal receipt dated 30/03/2015, Acknowledgment card dated 31/03/2015, Statement of account dated 27/06/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.R. Roy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.R. Rameshkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs. 2,40,000/- to the complainant.
Evidence:
The accused is sentenced to pay a compensation of Rs. 2,40,000/- (Rupees Two Lakh Forty Thousand only) to the complainant U/S. 357 (3) Cr.P.C.
Relief Type:
Other
Outcome:
Granted
Description:
Imprisonment for two months.
Evidence:
The accused is sentenced to undergo imprisonment for two months.
Relief Type:
Other
Outcome:
Granted
Description:
Further simple imprisonment if compensation not paid.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a further period of 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:
Ext.P4
Document Type:
Memorandum of Cheque unpaid
Submitted By:
Plaintiff
Relevance:
It demonstrates the reason for the dishonour of the cheque due to insufficient funds.
Reference:
Ext.P5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Shows the cheque returned was for insufficient funds.
Reference:
Ext.P5(a)
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
It is the legal demand made to the accused to pay the amount covered under the cheque.
Reference:
Ext.P6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the dispatch of the legal notice to the accused.
Reference:
Ext.P7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the legal notice by the accused.
Reference:
Ext.P8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides financial details relevant to the matter.
Reference:
Ext.P9
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 under Section 138 N.I. Act
Imprisonment Duration
2 months