Case Summary
Rajive Paul, the plaintiff, filed a suit against Nizar, the defendant, for the recovery of money concerning gold ornaments sold on credit. The defendant failed to pay the outstanding amount after some cheques were dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to the realization of an amount of Rs. 9,56,719/- with 6% interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, awarding him the sum of Rs. 9,56,719/- along with interest from the defendant.
Why Plaintiff Won:
The plaintiff proved the transaction and the dishonor of the cheque.
The plaintiff proved the transaction and the dishonor of the cheque.
Losing Side's Weaknesses:
The plaintiff proved the transaction and the dishonor of the cheque.
The plaintiff proved the transaction and the dishonor of the cheque.
Supporting Evidence
The defendant has failed to rebut the presumption under Section 139 NI Act and also he has failed to adduce evidence with regard to he has paid entire amount to the plaintiff.
Judgment Evidence:
In the result suit is decreed. The plaintiff is entitled to the realization of an amount of Rs. 9,56,719/- with 6% interest from the defendant. The defendant shall pay costs to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajive Paul
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nizar
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of bill showing gold ornaments and their weight, Certified copy of cheque issued, Legal Notice, and more.
Defendants Documents
Certified copy of Marriage Invitation Letter, Certificate of Marriage, Statement of Account.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayatha Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajiv K. Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding dues from the defendant.
Evidence:
In the result suit is decreed. The plaintiff is entitled to the realisation of an amount of Rs.9,56,719/- (Rupees Nine lakhs fifty six thousand seven hundred and nineteen) with 6% interest from the defendant.
Documents & Evidence
Document Type:
Certified copy of General Power of attorney
Submitted By:
Plaintiff
Relevance:
Used to support the plaintiff's authority to file the suit.
Reference:
Ext.A1
Document Type:
Certified copy of bill showing gold ornaments and their weight
Submitted By:
Plaintiff
Relevance:
Provided evidence of the transaction and amount due from the defendant.
Reference:
Ext.A2
Document Type:
Certified copy of Cheque No. 69180900 issued from the Quilon Urban Co-operative Bank Ltd.
Submitted By:
Plaintiff
Relevance:
Related to the disputed payment for gold ornaments.
Reference:
Ext.A3
Document Type:
Certified Copy of Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Indicated that the cheque issued was dishonoured.
Reference:
Ext.A4
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Served to the defendant regarding the dishonoured cheque.
Reference:
Ext.A5
Document Type:
Certified copy of Postal receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A6
Document Type:
Certified copy of Letter issued by the Sr. Superintendent of POS, Kollam Division.
Submitted By:
Plaintiff
Relevance:
Provided as supporting evidence.
Reference:
Ext.A7
Document Type:
Certified copy of Marriage Invitation Letter
Submitted By:
Defendant
Relevance:
To prove the context of the gold ornament purchase.
Reference:
Ext.B1
Document Type:
Certified copy of Marriage Invitation Letter
Submitted By:
Defendant
Relevance:
Reinforces the timing and purpose of the gold purchase.
Reference:
Ext.B2
Document Type:
Computer printout of Certificate of Marriage
Submitted By:
Defendant
Relevance:
Further evidence of the marriage for which gold was purchased.
Reference:
Ext.B3
Document Type:
Certified copy of details of transferring of Rs.5 lakhs
Submitted By:
Defendant
Relevance:
Demonstrates payment claimed by the defendant.
Reference:
Ext.B6
Document Type:
Certified copy of Pay in slip
Submitted By:
Defendant
Relevance:
Evidence of the financial transaction.
Reference:
Ext.B7
Document Type:
Document stating that no account is being held by defendant with SBI, Ramankulangara Branch.
Submitted By:
Unknown
Relevance:
Provided as evidence regarding the defendant's banking status.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Rajive Paul vs Nizar regarding recovery of money
Case Code Year
Case between Rajive Paul vs Nizar regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act