Case Summary
The plaintiff, Rajesh.R.K.Nair, is seeking to recover Rs.4,24,000 from the defendant, Aji Chandran, due to a dishonoured cheque. The defendant had borrowed money for business purposes but failed to repay the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.4,24,000 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting him the amount claimed along with interest. The defendant's failure to repay the borrowed amount was established.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Supporting Evidence
The deposition of PW1 and Exts.A1 to A4 would prove the plaint claim. 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.4,24,000/- (Rupees Four Lakh Twenty Four Thousand only) together with interest at the rate of 12% per annum...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh.R.K.Nair
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aji Chandran
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Original Cheque bearing No. 177977, Cheque dishonour Memo, Office copy of Lawyers Notice, Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mangalath K. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vineetha Vincent
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ganga Remanan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.4,24,000/- with interest from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs.4,24,000/- (Rupees Four Lakh Twenty Four Thousand 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:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No. 177977 dated 02/09/2022 was issued in discharge of the defendant's liability.
Reference:
Ext.A1
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo confirmed that the cheque was dishonoured for the reason of 'payment stopped by drawer'.
Reference:
Ext.A2
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to demand repayment of the cheque amount from the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Rajesh.R.K.Nair vs Aji Chandran regarding Realisation of Money
Case Code Year
Case between Rajesh.R.K.Nair vs Aji Chandran regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act