Case Summary
The plaintiff, Muhammed Basheer, is suing the defendant, Muneer.K.C, for the recovery of money related to a car sale agreement. The defendant failed to pay the remaining balance after an advance and issued a cheque that bounced.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realise Rs.2,90,000/- with interest at 9 percent.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the recovery of a specified amount from the defendant due to non-payment of the car sale agreement.
Why Plaintiff Won:
The plaintiff proved the case through unchallenged testimony and submitted necessary documents.
The plaintiff proved the case through unchallenged testimony and submitted necessary documents.
Losing Side's Weaknesses:
The plaintiff proved the case through unchallenged testimony and submitted necessary documents.
The plaintiff proved the case through unchallenged testimony and submitted necessary documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff shall be entitled to realise Rs.2,90,000/- (Rupees two lakh ninety thousand only) from the defendant with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Basheer
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muneer.K.C
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Certified copy of the cheque bearing No.025821, Certified copy of the cheque return memo, Certified copy of the lawyer notice dated 04.08.2021, Certified copy of postal receipt, Certified copy of the agreement dated 24.02.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Musafar Salman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.2,90,000/- from the defendant with interest.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realise Rs.2,90,000/- (Rupees two lakh ninety thousand only) from the defendant with interest at the rate of 9 per cent from date of suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Certified copy of the cheque
Submitted By:
Plaintiff
Relevance:
This cheque was the subject of the claim and was presented for encashment but returned for insufficient funds.
Reference:
Ext.A1
Document Type:
Certified Copy of Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document confirms the return of the cheque due to insufficient funds.
Reference:
Ext.A2
Document Type:
Certified Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding repayment after the cheque was returned.
Reference:
Ext.A3
Document Type:
Certified Copy of Postal Receipt
Submitted By:
Plaintiff
Relevance:
This receipt was proof of sending the lawyer notice to the defendant.
Reference:
Ext.A4
Document Type:
Certified copy of the Agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the terms of the sale of the car between the plaintiff and defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Cheque dishonour
Case Code
Case between Muhammed Basheer vs Muneer.K.C regarding realisation of money
Case Code Year
Case between Muhammed Basheer vs Muneer.K.C regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act