Case Summary
The complainant, Navaratna Financial corporation, alleges that the accused, Kenson Varghese, dishonoured a cheque issued for loan repayment. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹1,27,800 and one month imprisonment.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty and sentenced to one month of simple imprisonment and a fine of ₹1,27,800. If the fine is not paid, an additional two months of imprisonment will apply.
Why Plaintiff Won:
The complainant provided substantial documentary evidence confirming the dishonouring of the cheque and the existence of a legally enforceable debt.
The complainant provided substantial documentary evidence confirming the dishonouring of the cheque and the existence of a legally enforceable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant has produced substantial documentary evidence establishing the existence of the liability, issuance of the cheque, its dishonour, and failure to pay after notice.
Judgment Evidence:
In the result, the accused is convicted under Section 255(2) Cr.P.C. (1) He is sentenced to undergo simple imprisonment for a period of one (1) month and to pay a fine of ₹1,27,800/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Navaratna Financial corporation
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kenson Varghese
- Party Age
- 54
Plaintiffs Documents
Cheque bearing No.622216 dated 05.10.2020, Dishonour memo, Copy of notice dated 19.10.2020, Promissory Note, Partnership Deed, Copy of account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Joseph K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Eldho Abraham Kuriakose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The complainant requested compensation for the dishonoured cheque.
Evidence:
The entire fine amount of ₹1,27,800/- shall be paid to the Complainant as compensation under Section 357(1)(b) of the Code of Criminal Procedure, 1973.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to simple imprisonment for non-payment of the cheque.
Evidence:
He is sentenced to undergo simple imprisonment for a period of one (1) month and to pay a fine of ₹1,27,800/-.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment of fine, additional imprisonment is imposed.
Evidence:
In default of payment of fine, the accused shall undergo simple imprisonment for a further period of two (2) months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused towards repayment of a loan and was dishonoured due to insufficient funds.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The memo confirms that the cheque was dishonoured.
Reference:
Ext.P2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the accused demanding payment after the cheque was dishonoured.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document evidences the dispatch of the notice to the accused.
Reference:
Ext.P4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note executed by the accused for the loan taken.
Reference:
Ext.P6
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the registered partnership firm of the complainant.
Reference:
Ext.P7
Document Type:
Acknowledgment of Registration
Submitted By:
Plaintiff
Relevance:
This document acknowledges the registration of the complainant's firm.
Reference:
Ext.P8
Document Type:
License
Submitted By:
Plaintiff
Relevance:
The license confirms the legality of the complainant’s money lending activities.
Reference:
Ext.P9
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document shows the transactions between the complainant and the accused.
Reference:
Ext.P10
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
A copy of the cheque issued by the accused.
Reference:
Ext.P11
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
A certificate related to the case.
Reference:
Ext.P11(a)
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2023
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month