Case Summary
Rachel George, the plaintiff, has brought a suit against Ramesh K. G, the defendant, for the recovery of a loan amount. The defendant issued a cheque that was subsequently dishonoured.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay to the plaintiff, an amount of 2,50,000/- with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay back the borrowed amount along with interest.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
Not available
Not available
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: The defendant is directed to pay to the plaintiff, an amount of 2,50,000/- with interest at the rate of 6% per annum from the date of institution of the suit.
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 bearing No. 841679, Cheque dishonour memo, Office copy of the lawyer notice, Postal Receipt, Acknowledgment receipt of Petition issued by Thrikkakara Police Station
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vijayakumari R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay to the plaintiff an amount of 2,50,000/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 2,50,000/- 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:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendant.
Evidence:
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:
Statement of transaction
Submitted By:
Plaintiff
Relevance:
Computer print out of statement of transaction for the period from 01.04.2020 to 31.05.2020, subject to proof.
Reference:
Ext.A1
Document Type:
Pay-in Slip
Submitted By:
Plaintiff
Relevance:
Marks a financial transaction related to the amount borrowed.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued for the borrowed amount which was dishonoured.
Reference:
Ext.A3
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Document indicating that the cheque was dishonoured.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the notice sent by the lawyer concerning the dishonoured cheque.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for postal communication related to the case.
Reference:
Ext.A6
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment receipt of petition issued by Thrikkakara Police Station, subject to proof.
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