Case Summary
Rachel George is the plaintiff, who claims that Ramesh K. G borrowed ₹3,00,000 from her and issued a cheque that was dishonoured. The case is about her seeking recovery of the borrowed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹3,00,000 with interest at the rate of 6% per annum from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favour of the plaintiff, ordering the defendant to pay ₹3,00,000 with interest at 6% per annum. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The court found the evidence presented by the plaintiff to be uncontested and credible.
The court found the evidence presented by the plaintiff to be uncontested and credible.
Losing Side's Weaknesses:
The court found the evidence presented by the plaintiff to be uncontested and credible.
The court found the evidence presented by the plaintiff to be uncontested and credible.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 3,00,000/- (Rupees three lakhs only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rachel George
- Party Age
- 89
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ramesh K. G
- Relation
- S/o
Plaintiffs Documents
Computer print out of Statement of transaction, Pay-in – slip, Cheque, Cheque dishonour memo, Office copy of the lawyer notice, Postal Receipt, Acknowledgment receipt of Petition
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vijayakumari R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay the plaintiff an amount with interest.
Evidence:
I.The defendant is directed to pay to the plaintiff, an amount of 3,00,000/- (Rupees three lakhs only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
III.Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Computer print out of Statement of transaction
Submitted By:
Plaintiff
Relevance:
Marked subject to proof regarding the transaction for the period indicated.
Reference:
Ext.A1
Document Type:
Pay-in Slip
Submitted By:
Plaintiff
Relevance:
Indicates a financial transaction related to the loan.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant for the borrowed amount.
Reference:
Ext.A3
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque was dishonoured.
Reference:
Ext.A4
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendant regarding the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment Receipt of Petition
Submitted By:
Plaintiff
Relevance:
Marked subject to proof regarding the petition acknowledgment.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Rachel George vs Ramesh K. G regarding realisation of money
Case Code Year
Case between Rachel George vs Ramesh K. G regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act