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ST-87/2019

Case between Nobi vs Rasheed P.S regarding dishonor of cheque under N.I. Act

Court
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Judge
Miss Abhinimol Rajendran
Order Date
2025-02-07
Duration
approximately-7 years 8 months
Case Closed
Fri, 02/07/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The complainant, Nobi, is the proprietor of Anand Oil Industries and accused Rasheed P.S allegedly issued a cheque that was returned due to insufficient funds. The complaint was filed under Section 138 of the Negotiable Instruments Act for failure to honor the cheque.

Judgment Outcome

Plaintiff Won
Interim Order
The accused, Rasheed P.S, was found guilty of committing the offense punishable under Section 138 of the Negotiable Instruments Act. The court sentenced him to imprisonment till rising of the court and to pay a fine.
Judgment Favored
Plaintiff
Relief Granted
Accused is sentenced to undergo imprisonment and to pay a fine of ₹.8,00,000/-
Case Type
Criminal Case
Final Judgment
No
The accused, Rasheed P.S, was found guilty of committing the offense punishable under Section 138 of the Negotiable Instruments Act. The court sentenced him to imprisonment till rising of the court and to pay a fine.
Why Plaintiff Won:
The court found that the complainant proved the issuance and dishonoring of the cheque satisfactorily.
Losing Side's Weaknesses:
The court found that the complainant proved the issuance and dishonoring of the cheque satisfactorily.
Supporting Evidence
It is proved that Ext.P1 cheque was presented to the bank within the period of its validity. The complainant made demand of amount covered by the cheque within the statutory period. Accused has no case that Ext P1 cheque was not issued in an account maintained by the accused.

Judgment Evidence:

In the result, accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs.8,00,000/- under Section 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Nobi
Party Age
54
Relation
W/o
Party Role
Defendant
Party Name
Rasheed P.S
Relation
S/o
Plaintiffs Documents
Cheque No.831096 dated 01.03.2017, Cheque return memo dated 23.03.2017, Office copy of lawyer's notice dated 21.04.2017, Postal receipt dated 21.04.2017, Acknowledgment Card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.K Sasidharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.K.R Ramachandran
Appearance Type
Main Counsel

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
The complainant claimed the amount due as per the dishonored cheque.
Evidence:
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹.8,00,000/-.
Relief Type: Imprisonment
Outcome: Granted
Description:
The accused is sentenced to undergo imprisonment for defaulting on payment.
Evidence:
In default, to undergo simple imprisonment for three months.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This cheque was issued by the accused to discharge the debt owed to the complainant.
Reference:
Ext.P1
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Indicates the cheque was dishonored due to insufficient funds.
Reference:
Ext.P2
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
A notice sent to the accused demanding payment after the dishonor of the cheque.
Reference:
Ext.P3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of sending the lawyer's notice to the accused.
Reference:
Ext.P4
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer's notice by the accused.
Reference:
Ext.P5
Document Type: Balance Confirmation Statement
Submitted By: Plaintiff
Relevance:
Statement showing the balance due from the accused.
Reference:
Ext.P6
Document Type: GST Registration Certificate
Submitted By: Plaintiff
Relevance:
Proof of the complainant's business registration.
Reference:
Ext.P7
Document Type: Ledger Account
Submitted By: Plaintiff
Relevance:
Document evidencing transactions between the complainant and accused.
Reference:
Ext.P8
Document Type: Stock Summary
Submitted By: Plaintiff
Relevance:
Summary of stock available with the complainant during the relevant period.
Reference:
Ext.P9
Document Type: Register cum Ledger Book
Submitted By: Plaintiff
Relevance:
Document showing the records of transactions between the complainant and the accused.
Reference:
Ext.P10

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
Case between Nobi vs Rasheed P.S regarding dishonor of cheque under N.I. Act
Case Code Year
Case between Nobi vs Rasheed P.S regarding dishonor of cheque under N.I. Act

Case Flags

Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months

Quick Facts

Location
Vaikom
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Thu, 05/11/2017 - 12:00
Case Closed
Fri, 02/07/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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