Case Summary
The plaintiff, Mujeeb Rahman, is seeking to recover a total of ₹9,60,000 from the defendant, Shahinumon, who borrowed amounts for business expansion but failed to repay. The case arose after a cheque issued by the defendant was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹9,60,000 with interest @ 12% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay ₹9,60,000 along with interest at 12% per annum from the date of the suit until realization. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff proved his case by providing cogent and reliable evidence, supported by the return memo of the cheque.
The plaintiff proved his case by providing cogent and reliable evidence, supported by the return memo of the cheque.
Losing Side's Weaknesses:
The plaintiff proved his case by providing cogent and reliable evidence, supported by the return memo of the cheque.
The plaintiff proved his case by providing cogent and reliable evidence, supported by the return memo of the cheque.
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of ₹9,60,000 (Rupees Nine Lakhs Sixty Thousand only) with interest @ 12% per annum thereon from the date of suit till realization, to the plaintiff. 2. Plaintiff is entitled to realise the costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mujiib Rahman
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shahinumon
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Cheque for ₹9,60,000, Certified Copy of Cheque return memo, Certified Copy of Lawyer Notice, Certified Copy of Postal Receipt, Certified Copy of Agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.P.Hussain
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Favad Pathur
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Claim for recovery of amount due from the defendant.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by the defendant to discharge liability.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Returned as unpaid due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demand for payment sent to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the amount borrowed.
Reference:
Ext.A6
Document Type:
Certified Copy of Agreement
Submitted By:
Plaintiff
Relevance:
Official copy of the agreement dated 16.07.2014.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Mujeeb Rahman vs Shahinumon regarding recovery of borrowed money
Case Code Year
Case between Mujeeb Rahman vs Shahinumon regarding recovery of borrowed money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act