Case Summary
Oommen Chacko filed a complaint against Sujamol Abraham for the offence of dishonour of cheque under section 138 of the Negotiable Instrument Act. The cheque issued by Sujamol was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.75,000/- to the complainant
Case Type
Criminal Case
Final Judgment
No
The court found Sujamol Abraham guilty of the offence and ordered her to undergo simple imprisonment and pay compensation to the complainant.
Why Plaintiff Won:
The complainant provided sufficient evidence proving the execution and dishonour of cheque.
The complainant provided sufficient evidence proving the execution and dishonour of cheque.
Losing Side's Weaknesses:
The complainant provided sufficient evidence proving the execution and dishonour of cheque.
The complainant provided sufficient evidence proving the execution and dishonour of cheque.
Supporting Evidence
The evidence of DW1 regarding execution of Exts P1 and P2 are unbelievable. The oral evidence of PW1 is supported by his documentary evidence.
Judgment Evidence:
In the result, the accused is sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.75,000/- (Rupees Seventy Five Thousand only) to the complainant as compensation u/s.357 (3) Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Oommen Chacko
- Party Role
- Defendant
- Party Name
- Sujamol Abraham
- Relation
- W/o
Plaintiffs Documents
Promissory note (P1), Dishonour memo (P3), Copy of Lawyer’s Notice (P4), Postal Receipt (P5), Acknowledgment Card (P6)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joy K. George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jolly James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.75,000/- awarded to the complainant.
Evidence:
The accused is sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.75,000/- (Rupees Seventy Five Thousand only) to the complainant.
Relief Type:
Other
Outcome:
Granted
Description:
Imprisonment till the rising of the court.
Evidence:
The accused is sentenced to undergo simple imprisonment till rising of the court.
Relief Type:
Other
Outcome:
Granted
Description:
Imprisonment for one month in default of payment of compensation.
Evidence:
In default of payment of compensation she has to undergo simple imprisonment for a further period of one month.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the accused to acknowledge a loan of Rs.2,50,000/-.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the plaintiff for repayment of the loan.
Reference:
Ext.P2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Indicates the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P3
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused regarding the dishonour of the cheque.
Reference:
Ext.P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the accused.
Reference:
Ext.P5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of the accused receiving the notice.
Reference:
Ext.P6
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2020
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
till rising of the court and for a further period of one month in default of payment of compensation