Case Summary
The plaintiff, Rajesh Mohan, has filed a suit against the defendant, Jyothikumar, to recover Rs. 5,00,000/- which was borrowed on 19/04/2023 and secured by a cheque that was dishonoured. The defendant did not repay the amount despite receiving a legal notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.5,00,000/- together with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the borrowed amount with interest.
Why Plaintiff Won:
The evidence established that the defendant is indebted to the plaintiff and there was no challenge to the evidence adduced.
The evidence established that the defendant is indebted to the plaintiff and there was no challenge to the evidence adduced.
Losing Side's Weaknesses:
The evidence established that the defendant is indebted to the plaintiff and there was no challenge to the evidence adduced.
The evidence established that the defendant is indebted to the plaintiff and there was no challenge to the evidence adduced.
Supporting Evidence
The evidence clearly established that the defendant is indebted to the plaintiff. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakhs only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh Mohan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jyothikumar
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 786541, Cheque return memo, Office copy of Lawyer Notice, Postal Receipts, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K.Sankara Narayana Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anseena.A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anugraha Giri
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Meenu Ravikumar.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs.5,00,000/- together with interest from the defendant.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakhs only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The court used the cheque to establish the defendant's liability to repay the borrowed amount.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The court referred to the return memo to confirm the dishonor of the cheque due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The court considered the notice sent to demand repayment as part of the evidence of the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt was used to show that the notice was sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The card confirmed that the defendant received the notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Rajesh Mohan vs Jyothikumar regarding Realisation of Money
Case Code Year
Case between Rajesh Mohan vs Jyothikumar regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act