Case Summary
The case involves a complaint by Rajeev A M against Subin Thomas for dishonour of a cheque issued for a loan. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Pay a fine of ₹55,000 and compensation of ₹50,000 to the complainant.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty and imposed a fine of ₹55,000, along with a month of simple imprisonment in default of payment.
Why Plaintiff Won:
The complainant proved dishounor of cheque and established legally enforceable liability.
The complainant proved dishounor of cheque and established legally enforceable liability.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant has successfully proved issuance, dishonour, and non-payment despite statutory notice.
Judgment Evidence:
In the result, I find the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajeev A M
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subin Thomas
- Party Age
- 26
Plaintiffs Documents
Cheque No. 227884, Dishonour memo, Lawyer’s notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Siby Jacob Pampady
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Vijayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Blessen G Mathew
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to the complainant under Section 357(1) Cr.P.C.
Evidence:
Out of the fine amount, a sum of ₹50,000/- shall be paid to the complainant as compensation under Section 357(1) Cr.P.C.
Relief Type:
Other
Outcome:
Granted
Description:
Conviction under Section 138 NI Act and imposed a fine.
Evidence:
The accused is hereby convicted under Section 138 NI Act and sentenced to: Pay a fine of 55,000/- (Rupees Fifty-Five Thousand only).
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment in default of payment of fine.
Evidence:
In default of payment of fine, the accused shall undergo simple imprisonment for one month.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused in discharge of a legally enforceable liability.
Reference:
Exhibit P1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Proved that the cheque was returned unpaid for the reason 'Funds Insufficient'.
Reference:
Exhibit P2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Statutory notice issued to the accused about the dishonour of the cheque.
Reference:
Exhibit P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proved the sending of the lawyer's notice to the accused.
Reference:
Exhibit P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proved that the accused received the statutory notice.
Reference:
Exhibit P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2020
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
one month