Case Summary
Najumul Huda is the complainant filing against Appukuttan for the offence of dishonor of a cheque under Section 138. The accused borrowed money from the complainant and issued a cheque that was dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo simple imprisonment for one month and to pay a compensation of Rs. 2,00,000.
Case Type
Criminal Case
Final Judgment
No
The accused, Appukuttan, was found guilty of the offence under Section 138 for issuing a dishonored cheque. He was sentenced to one month of simple imprisonment and to pay a compensation of Rs. 2,00,000 to the complainant.
Why Plaintiff Won:
The court found that the complainant proved the execution and issuance of the cheque and all legal formalities were complied with.
The court found that the complainant proved the execution and issuance of the cheque and all legal formalities were complied with.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant succeeded in proving the execution and issuance of Ext.P1 cheque for the purpose of discharging legally enforceable debt. Hence, this point is found in favour of the complainant.
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 the period of one month and to pay a compensation of Rs.2,00,000/- (Rupees Two Lakhs Only) to the complainant...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Najumul Huda
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Appukuttan
- Relation
- S/o
Plaintiffs Documents
Original Cheque bearing No. 026486 dated 16/03/2013, Cheque return memo dated 08/04/2013, Office copy of legal notice dated 07/05/2013, Original postal receipt dated 07/05/2013, Acknowledgment card dated 08/05/2013, Reply notice dated 15/05/2013.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Vijayakumari.C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S Sabukumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.2,00,000/- awarded to the complainant.
Evidence:
The accused is sentenced U/s 255 (2) of Cr.P.C and sentenced to undergo simple imprisonment to the period of one month and to pay a compensation of Rs.2,00,000/- (Rupees Two lakhs only) to the complainant.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment for a period of one month.
Evidence:
The accused is sentenced U/s 255 (2) of Cr.P.C and sentenced to undergo simple imprisonment to the period of one month.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Additional 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 accused executed and issued Ext.P1 cheque in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Proves that Ext.P1 cheque was dishonoured.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the accused demanding payment of the cheque amount.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Shows that notice was sent to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Shows that the notice was accepted by the accused.
Reference:
Ext.P5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice received from the accused.
Reference:
Ext.P6
Document Type:
Bank Account statement
Submitted By:
Court
Relevance:
Proves the financial details presented by the accused.
Reference:
Ext.X1
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 Najumul Huda vs Appukuttan regarding U/s 138 of the Negotiable Instruments Act
Case Code Year
Case between Najumul Huda vs Appukuttan regarding U/s 138 of the Negotiable Instruments Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month