Case Summary
The complainant, Navas K.K., filed a private complaint against Rahees for dishonor of a cheque amounting to Rs. 7,00,000. The cheque was returned unpaid due to insufficient funds, leading to the complainant seeking legal redress.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of Rs. 14,00,000.
Case Type
Criminal Case
Final Judgment
No
The court found Rahees guilty of the charges under S.138 of the Negotiable Instruments Act. He was sentenced to undergo Simple Imprisonment and pay a fine of Rs. 14,00,000.
Why Plaintiff Won:
The complainant proved the necessary elements of the offense under S.138 of the Negotiable Instruments Act.
The complainant proved the necessary elements of the offense under S.138 of the Negotiable Instruments Act.
Losing Side's Weaknesses:
The complainant proved the necessary elements of the offense under S.138 of the Negotiable Instruments Act.
The complainant proved the necessary elements of the offense under S.138 of the Negotiable Instruments Act.
Supporting Evidence
The cheque when presented was dishonored due to funds insufficient in the account of the accused.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 14,00,000 ₹/- (Rupees Fourteen Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Navas K.K.
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahees
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Cheque No. 194683 dated 01.09.2019 for Rs. 7,00,000, Return Memo dated 13.11.2019, Registered Lawyer notice dated 28.11.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- I. Rajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The accused is ordered to pay a fine as compensation to the complainant.
Evidence:
the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 14,00,000 ₹/- (Rupees Fourteen Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to the complainant for the repayment of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo indicates that the cheque was returned due to insufficient funds.
Reference:
Ext.P2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the accused regarding the dishonor of the cheque.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the registered lawyer notice sent to the accused.
Reference:
Ext.P4
Document Type:
Notice Returned Unserve
Submitted By:
Plaintiff
Relevance:
Indicates the notice was returned unclaimed because the accused 'Left India'.
Reference:
Ext.P5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement between the complainant and the accused regarding the repayment of the borrowed sum.
Reference:
Ext.P6
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Navas K.K. vs Rahees regarding dishonor of cheque.
Case Code Year
Case between Navas K.K. vs Rahees regarding dishonor of cheque.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months