Case Summary
Oommen Chacko filed a complaint against Sujamol Abraham for issuing dishonoured cheques under section 138 of the Negotiable Instrument Act. The court found the accused guilty and sentenced her to pay compensation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.2,50,000/-
Case Type
Criminal Case
Final Judgment
No
The court found Sujamol Abraham guilty of the offence punishable under section 138 of the Negotiable Instruments Act and imposed a sentence.
Why Plaintiff Won:
Accused issued cheques in discharge of a legally enforceable debt.
Accused issued cheques in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
Accused issued cheques in discharge of a legally enforceable debt.
Accused issued cheques in discharge of a legally enforceable debt.
Supporting Evidence
The court is of the view that accused signed Exts.P1 and P2 voluntarily and handed over to PW1.
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.2,50,000/- (Rupees Two Lakh Fifty 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
Cheques, promissory note, legal notice
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:
Compensation
Outcome:
Granted
Description:
Compensation of Rs.2,50,000/- to be paid to the complainant.
Evidence:
The accused is sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) to the complainant as compensation u/s.357 (3) Cr.PC.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment till rising of the court.
Evidence:
The accused is sentenced to undergo simple imprisonment till rising of the court.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant which was dishonoured.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant which was dishonoured.
Reference:
Ext.P2
Document Type:
Dishonour memo
Submitted By:
Court
Relevance:
Memo indicating that the cheque Ext.P1 was dishonoured due to insufficient funds.
Reference:
Ext.P3
Document Type:
Cheque Return Memo
Submitted By:
Court
Relevance:
Memo indicating the return of the dishonoured cheque Ext.P1.
Reference:
Ext.P4
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the accused regarding the dishonoured cheque.
Reference:
Ext.P5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the postal notice sent to the accused.
Reference:
Ext.P6
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document executed by the accused regarding the borrowed amount.
Reference:
Ext.P7
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply to the legal notice sent to the accused.
Reference:
Ext.P8
Document Type:
Letter from Superintendent, Dept. of Posts
Submitted By:
Court
Relevance:
Letter regarding the acknowledgment of the notice sent.
Reference:
Ext.P9
Document Type:
Delivery manifest
Submitted By:
Court
Relevance:
Document evidencing the delivery of the legal notice.
Reference:
Ext.P10
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