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S.T. No. 6/2023

Case between Nikhil vs Shamsu regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.

Court
COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, NADAPURAM
Judge
Sri. Yadukrishnan B.
Order Date
2025-03-12
Duration
approximately-3 years 8 months
Case Closed
Wed, 03/12/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The complainant, Nikhil, filed a private complaint against the accused, Shamsu, for dishonoring a cheque issued in payment of a debt. The court found the accused guilty of the charges under Section 138 of the Negotiable Instruments Act.

Judgment Outcome

Plaintiff Won
Interim Order
The accused was found guilty of issuing a cheque without sufficient funds, leading to its dishonor. He was sentenced to pay a fine and undergo imprisonment in case of default.
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹7,00,000/- (Rupees Seven Lakhs Only).
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of issuing a cheque without sufficient funds, leading to its dishonor. He was sentenced to pay a fine and undergo imprisonment in case of default.
Why Plaintiff Won:
The complainant established his claim by proving the execution of the cheque and the dishonor due to insufficient funds.
Losing Side's Weaknesses:
The complainant established his claim by proving the execution of the cheque and the dishonor due to insufficient funds.
Supporting Evidence
The complainant has established the primary burden through his depositions and documents stating that there exists a money transaction between the complainant and 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 ₹7,00,000/- (Rupees Seven Lakhs Only) U/s. 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Nikhil
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
Shamsu
Party Age
32
Relation
S/o
Plaintiffs Documents
Cheque dated 01.02.2021, Cheque return memo dated 11.02.2021, Registered lawyer notice dated 12.03.2021, Postal Receipt dated 12.03.2021, Acknowledgment Card dated 15.03.2021
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M. Siju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Fareed Kalleri
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The complainant is entitled to receive the cheque amount as per Sec.138 of the NI Act.
Evidence:
Thus, the case of the complainant succeeds and is entitled to get twice the cheque amount as per Sec.138 of the NI Act.
Relief Type: Imprisonment
Outcome: Granted
Description:
The accused is sentenced to undergo Simple Imprisonment till rising of the court.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹7,00,000/-.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The disputed cheque issued by the accused in favor of the complainant for a legally enforceable debt.
Reference:
Ext.P1
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Document proving that the cheque was returned unpaid.
Reference:
Ext.P2
Document Type: Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice intimating the accused about the default in payment.
Reference:
Ext.P3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt proving the dispatch of the notice to the accused.
Reference:
Ext.P4
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Card confirming that the accused received the notice.
Reference:
Ext.P5

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 Nikhil vs Shamsu regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between Nikhil vs Shamsu regarding dishonor of cheque under Section 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
6 months

Quick Facts

Location
Nadapuram
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Case Filed
Thu, 06/24/2021 - 12:00
Case Closed
Wed, 03/12/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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