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ST-124/2019

Case between Rajeevan K.V vs Jayanthi T.K regarding offence under Section 138 of the Negotiable Instruments Act

Court
JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Judge
Miss. Abhinimol Rajendran
Order Date
2025-01-04
Duration
approximately-6 years 6 months
Case Closed
Sat, 01/04/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Rajeevan K.V, the complainant, alleged that Jayanthi T.K borrowed money and issued a cheque that was dishonored. The case involves a breach of trust related to a loan and the subsequent legal proceedings following the dishonor of the cheque.

Judgment Outcome

Plaintiff Won
Interim Order
The accused was found guilty and sentenced to simple imprisonment and a fine due to the dishonor of the cheque issued for a loan.
Judgment Favored
Plaintiff
Relief Granted
Accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.3,00,000/-.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty and sentenced to simple imprisonment and a fine due to the dishonor of the cheque issued for a loan.
Why Plaintiff Won:
The complainant proved the execution and dishonor of the cheque, satisfying the criteria under Section 138 of the Negotiable Instruments Act.
Losing Side's Weaknesses:
The complainant proved the execution and dishonor of the cheque, satisfying the criteria under Section 138 of the Negotiable Instruments Act.
Supporting Evidence
From the oral and documentary evidence of the complainant, it is obvious that Ext. P1 cheque is dishonoured for want of sufficient funds in the account maintained by accused.

Judgment Evidence:

In the result, accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.3,00,000/- under Section 138 of the Negotiable Instruments Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rajeevan K.V
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Jayanthi T.K
Party Age
48
Relation
D/o
Plaintiffs Documents
Cheque bearing No. 939257 dated 02.03.2018, Cheque return memo dated 09.03.2018, Intimation memo dated 12.03.2018, Office copy of lawyer's notice dated 17.03.2018, Postal receipt dated 17.03.2018, Acknowledgment Card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.P Muraleedharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.K.R Rajith
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.3,00,000/-.
Evidence:
Accused is sentenced to undergo simple imprisonment till rising of the court and to pay a fine of ₹.3,00,000/- (Rupees Three Lakhs only) under Section 138 of the Negotiable Instruments Act.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Issued by accused to discharge legally enforceable debt.
Reference:
Ext.P1
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Indicates the dishonour of the cheque for insufficient funds.
Reference:
Ext.P2
Document Type: Intimation Memo
Submitted By: Plaintiff
Relevance:
Shows the cheque was sent for collection.
Reference:
Ext.P3
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Notice demanding payment from the accused.
Reference:
Ext.P4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of sending the notice to the accused.
Reference:
Ext.P5
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Confirms receipt of the notice by the accused.
Reference:
Ext.P6
Document Type: Account Opening Form
Submitted By: Court
Relevance:
Proof of the accused's bank account.
Reference:
Ext.X1
Document Type: Specimen Signature
Submitted By: Court
Relevance:
Shows the accused's signature for comparison.
Reference:
Ext.X2

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
Case between Rajeevan K.V vs Jayanthi T.K regarding offence under Section 138 of the Negotiable Instruments Act
Case Code Year
Case between Rajeevan K.V vs Jayanthi T.K regarding offence under Section 138 of the Negotiable Instruments Act

Case Flags

Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months

Quick Facts

Location
Vaikom
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Fri, 04/06/2018 - 12:00
Case Closed
Sat, 01/04/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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