Case Summary
The complainant, P. Muhammadali, filed a complaint against Ameer Kattaroli for failing to honor a cheque of ₹25,00,000. The cheque was returned unpaid due to insufficient funds, and despite receiving a legal notice, the accused did not repay the amount.
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 ₹50,00,000.
Case Type
Criminal Case
Final Judgment
No
The accused, Ameer Kattaroli, was found guilty of the offence under section 138 of the Negotiable Instruments Act. He was sentenced to simple imprisonment until the rising of the court and to pay a fine of ₹50,00,000.
Why Plaintiff Won:
The cheque was duly executed and handed over by the accused in discharge of a legally enforceable debt.
The cheque was duly executed and handed over by the accused in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The cheque was duly executed and handed over by the accused in discharge of a legally enforceable debt.
The cheque was duly executed and handed over by the accused in discharge of a legally enforceable debt.
Supporting Evidence
The complainant has established his case as to the fact that the cheque was issued in discharge of a legally enforceable debt or liability.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹50,00,000/- (Rupees Fifty Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. Muhammadali
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ameer Kattaroli
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Agreement entered between the complainant and the accused, Cheque No. 067306 for ₹25,00,000/- of the IDBI Bank, Nadapuram Branch, Memorandum issued by the State Bank of India, Registered lawyer notice, Postal Receipts, Sale deed.
Defendants Documents
Customer Account Ledger Report from 01.03.2020 to 28.02.2023, Attested Copy of Indian Passport of the accused, Travel details of Ameer Kattaroli.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- U. V. Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V. K. Anil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The accused was ordered to pay a fine as compensation for the dishonoured cheque.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹50,00,000/- (Rupees Fifty Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused was sentenced to imprisonment in case of default on fine payment.
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:
The accused executed a cheque in favour of the complainant for the amount borrowed.
Reference:
Ext.P2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The cheque was returned for the reason 'Account Frozen'.
Reference:
Ext.P3
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A legal notice was issued to inform the accused about the default.
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:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the accused's abroad address.
Reference:
Ext.P6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice returned as the addressee left India.
Reference:
Ext.P7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice returned unclaimed by the accused.
Reference:
Ext.P8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document showing the complainant sold property to secure funds for the amount lent.
Reference:
Ext.P9
Document Type:
Customer account ledger report
Submitted By:
Defendant
Relevance:
Defence evidence regarding the status of the accused's bank account.
Reference:
Ext.D1
Document Type:
Passport Copy
Submitted By:
Defendant
Relevance:
Defendant's travel document as part of the defence.
Reference:
Ext.D2
Document Type:
Travel Details
Submitted By:
Defendant
Relevance:
Evidence supporting the defendant's claim about his whereabouts during the transaction.
Reference:
Ext.D3
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 P. Muhammadali vs Ameer Kattaroli regarding U/s.138 of The Negotiable Instruments Act, 1881.
Case Code Year
Case between P. Muhammadali vs Ameer Kattaroli regarding U/s.138 of The Negotiable Instruments Act, 1881.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months