Case Summary
This case involves Punjab National Bank seeking recovery of funds mistakenly credited to the second defendant's account due to a technical error. The first defendant, Sanju K, is alleged to have issued a cheque despite insufficient funds in his account.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant No. 1 is directed to pay ₹ 1,21,556.36 to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the first defendant to repay the amount mistakenly credited to the second defendant’s account due to a technical error.
Why Plaintiff Won:
The court found that the funds were mistakenly credited due to a technical glitch and upheld the plaintiff's right to recover the amount.
The court found that the funds were mistakenly credited due to a technical glitch and upheld the plaintiff's right to recover the amount.
Losing Side's Weaknesses:
The court found that the funds were mistakenly credited due to a technical glitch and upheld the plaintiff's right to recover the amount.
The court found that the funds were mistakenly credited due to a technical glitch and upheld the plaintiff's right to recover the amount.
Supporting Evidence
Considering the above section, and the facts of the case, I have no hesitation to find that Section 72 of the Indian Contract Act is squarely applicable to the facts of this case.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendant No. 1 is directed to pay ₹ 1,21,556.36 to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realization of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab National Bank
- Party Role
- Defendant
- Party Name
- Sanju K
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Khader
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Copy of Cheque No.296514, Copy of letter issued by Punjab National Bank, Reply of letter issued by Sanju K.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K Narayanan Kutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K Arun
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.N Rajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Premlal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.PV Sainudheen
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant No. 1 is directed to pay 1,21,556.36/- to the plaintiff with interest.
Evidence:
the suit is decreed as follows: 1Defendant No. 1 is directed to pay 1,21,556.36/- (Rupees One Lakh Twenty One Thousand Five Hundred and Fifty Six and Thirty Six Paise only) to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
the plaintiff is entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Copy of Cheque No.296514 issued by Sanju K in favour of AK Abdulkhadar.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of letter issued by Punjab National Bank to Sanju K.
Reference:
Ext.A2
Document Type:
Reply
Submitted By:
Plaintiff
Relevance:
Reply of letter issued by Sanju K to Manager Punjab National Bank.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Copy of statement of account from 06.03.2018 to 16.09.2020 of Sanju K.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice with postal receipt issued by Adv.K Narayanan Kutty to Sanju K and another.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment Card.
Reference:
Ext.A6
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Unclaimed cover with acknowledgment card and postal receipt.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued by Adv.K Narayanan kutty to Sanju K with postal receipt.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card.
Reference:
Ext.A9
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Attested copy of power of attorney issued from Punjab National Bank.
Reference:
Ext.A10
Document Type:
Reply
Submitted By:
Plaintiff
Relevance:
Reply of lawyer notice issued by Adv.S Premlal to Adv.K Narayanan kutty with postal cover.
Reference:
Ext.A11
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization letter issued by Punjab National Bank to Rahul Sharma, Senior Manager.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Cheque dishonour
Case Code
Case between Punjab National Bank vs Sanju K et al regarding realization of amount
Case Code Year
Case between Punjab National Bank vs Sanju K et al regarding realization of amount
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act