Case Summary
Rabiya Pookkottu filed a complaint against Aabid K. for failing to return a borrowed amount of Rs.13,00,000/-. The case revolves around the dishonor of cheques issued by the accused.
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 26,00,000 ₹/-.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty of the offense under S.138 of the Negotiable Instruments Act. The accused was sentenced to imprisonment and a fine.
Why Plaintiff Won:
The complainant established that the cheques were executed for a legally enforceable debt.
The complainant established that the cheques were executed for a legally enforceable debt.
Losing Side's Weaknesses:
The complainant established that the cheques were executed for a legally enforceable debt.
The complainant established that the cheques were executed for a legally enforceable debt.
Supporting Evidence
The complainant has successfully established the formalities with regard to the institution of the complaint.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 26,00,000 ₹/- (Rupees Twenty Six Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rabiya Pookkottu
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Aabid K.
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Cheque No. 890474, Cheque Return Memo, Cheque No. 890475, Cheque Return Memo, Registered Lawyer notice, Postal Receipt, Postal Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Hareesh E. Karayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M. Siju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation for the amount due from the accused.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 26,00,000₹/- (Rupees Twenty Six Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple Imprisonment in default of 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:
Cheque for Rs.6,50,000 issued by the accused to the complainant as a part of the debt repayment.
Reference:
P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating that the cheque P1 was returned due to insufficient funds.
Reference:
P2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque for Rs.6,50,000 issued by the accused to the complainant for the debt repayment.
Reference:
P3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating that the cheque P3 was returned due to insufficient funds.
Reference:
P4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the complainant to the accused regarding the default on the cheques.
Reference:
P5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing that the lawyer's notice was sent to the accused.
Reference:
P6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card indicating that the lawyer's notice was returned unserved.
Reference:
P7
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 Rabiya Pookkottu vs Aabid K. regarding U/s.138 of The Negotiable Instruments Act, 1881.
Case Code Year
Case between Rabiya Pookkottu vs Aabid K. 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