Case Summary
Niravath Jubily Chits India Pvt. Ltd. filed a complaint against Aneesh K.K. for failing to pay a chitty amount and issuing a cheque that was dishonored due to insufficient funds. The court found Aneesh K.K. guilty under Section 138 of the Negotiable Instruments Act.
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 ₹3,96,974/-.
Case Type
Criminal Case
Final Judgment
No
The court convicted Aneesh K.K. and sentenced him to simple imprisonment and a fine for issuing a dishonored cheque.
Why Plaintiff Won:
The complainant proved that the cheque was issued for a legally enforceable debt which was dishonored due to insufficient funds.
The complainant proved that the cheque was issued for a legally enforceable debt which was dishonored due to insufficient funds.
Losing Side's Weaknesses:
The complainant proved that the cheque was issued for a legally enforceable debt which was dishonored due to insufficient funds.
The complainant proved that the cheque was issued for a legally enforceable debt which was dishonored 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 ₹3,96,974/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Niravath Jubily Chits India Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Aneesh K.K.
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Cheque No. 304202 dated 04.10.2021, cheque return memo dated 11.10.2021, lawyer notice dated 25.10.2021, postal receipt dated 28.10.2021, acknowledgment card dated 03.11.2021, resolution passed by the board of directors, power of attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. K. Vineesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vimesh K. P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is sentenced to pay a fine as compensation for the dishonored cheque.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹3,96,974/-.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment of fine, the accused shall undergo simple imprisonment for a period of six months.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque dated 04.10.2021 issued by the accused for the complainant's chitty amount.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating 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 confirming the mailing of the lawyer's notice to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card confirming that the accused received the lawyer's notice.
Reference:
Ext.P5
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution passed by the board of directors of the complainant company.
Reference:
Ext.P6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of Attorney executed by the Managing Director in favor of the complainant.
Reference:
Ext.P7
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between Niravath Jubily Chits India Pvt. Ltd. vs Aneesh K.K. regarding dishonor of cheque
Case Code Year
Case between Niravath Jubily Chits India Pvt. Ltd. vs Aneesh K.K. 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