Case Summary
The complainant, Ramla Chorayil, accused Abdul Khader Kalloli of issuing a cheque that was dishonored for insufficient funds. The court found the accused guilty of the offense under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹4,50,000 and simple imprisonment till rising of the court.
Case Type
Criminal Case
Final Judgment
No
The accused was convicted and sentenced to undergo simple imprisonment till the rising of the court and pay a fine of ₹4,50,000. In default of payment, he shall undergo simple imprisonment for six months.
Why Plaintiff Won:
The complainant successfully proved the existence of a legally enforceable debt which was admitted by the accused.
The complainant successfully proved the existence of a legally enforceable debt which was admitted by the accused.
Losing Side's Weaknesses:
The complainant successfully proved the existence of a legally enforceable debt which was admitted by the accused.
The complainant successfully proved the existence of a legally enforceable debt which was admitted by the accused.
Supporting Evidence
The complainant has prima facie established the fact that there existed a money transaction between himself and the accused. The statutory formalities for the institution of the complaint has not been disputed by the accused.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹4,50,000. In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramla Chorayil
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abdul Khader Kalloli
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Cheque No.118232 for Rs.2,25,000, Cheque return Memo, Registered Lawyer Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Latheef V. K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. P. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The complainant sought recovery of the cheque amount due to dishonor.
Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 4,50,000/₹ (Rupees Four Lakhs Fifty Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The court ordered imprisonment in default of payment of the fine.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused towards the discharge of liability and was dishonored for insufficient funds.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo shows that the cheque was returned due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice was sent to the accused after the cheque was dishonored demanding payment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt proves that the lawyer notice was sent to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card shows that the accused received the lawyer notice.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Ramla Chorayil vs Abdul Khader Kalloli regarding dishonor of cheque.
Case Code Year
Case between Ramla Chorayil vs Abdul Khader Kalloli regarding dishonor of cheque.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
6 months