Case Summary
The plaintiff, Prasad V C, is an automobile mechanic who lent money to the defendant, Reshma K Nair, a lady hostel operator, but she failed to repay. The plaintiff brought this suit after the defendant's cheque was dishonored, seeking repayment of the borrowed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.5,30,000/- along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and decreed the suit, ordering the defendant to pay Rs.5,30,000 with interest. The defendant was found liable for the debt due to insufficient funds in her account.
Why Plaintiff Won:
The plaintiff successfully proved the existence of an enforceable debt.
The plaintiff successfully proved the existence of an enforceable debt.
Losing Side's Weaknesses:
The plaintiff successfully proved the existence of an enforceable debt.
The plaintiff successfully proved the existence of an enforceable debt.
Supporting Evidence
The issuance and execution of Ext.A1 cheque is proved. The defendant has failed to give reasons or pay the amount as sought in Ext.A5 notice. Therefore an adverse inference can be taken against the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.5,30,000/- (Rupees Five lakhs thirty thousand only) along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prasad V C
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reshma K Nair
- Party Age
- 45
- Relation
- D/o
Plaintiffs Documents
Cheque bearing No.898083, Outward Clearing return memo, Returned lawyer notice, Postal receipt, Office copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kurian Antony Edassery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ann Emil Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Retheesh M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.5,30,000/- along with interest from the date of suit till the date of decree and from the date of decree till the date of payment.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.5,30,000/- (Rupees Five lakhs thirty thousand only) along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and her assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Ext.A1 shows that cheque bearing No.898083 dated 03.01.2024 drawn on State Bank of India, Elamakkara branch was issued by defendant in favour of plaintiff.
Reference:
Ext.A1
Document Type:
Outward Clearing Return Memo
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the outward clearing return memo dated 12.02.2024 issued by the Indian Bank Edappally branch intimating the plaintiff about the dishonour of the cheque.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the returned lawyer notice dated 27.02.2024.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the postal receipt dated 27.02.2024 for the lawyer notice issued by the plaintiff to the defendant.
Reference:
Ext.A4
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the office copy of the lawyer notice dated 27.02.2024.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Prasad V C vs Reshma K Nair regarding realization of money.
Case Code Year
Case between Prasad V C vs Reshma K Nair regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act