Case Summary
The plaintiff, R.Ashtaman, claims that the defendant, Nidhin Kumar, borrowed money for a job assurance and failed to repay it. The defendant provided a dishonored cheque as repayment.
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 from the date of Ext. A1 cheque till the date of decree
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover the sum of Rs.5,00,000/- with interest.
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 A5 documents would prove that the plaintiff is entitled to recover Ext. A1 cheque amount with 12% interests from the defendant and his assets.
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 Ext. A1 cheque till the date of decree and at the rate of 6% per annum from the date of decree till realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- R.Ashtaman
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nidhin Kumar @ Kallada Nidhin Kumar
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.01004297, Cheque Return Memo, Office copy of Lawyer’s Notice, Postal Receipt, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Panambil S.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.Karthik Lal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realise an amount of Rs.5,00,000/- 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 Ext. A1 cheque till the date of decree.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Plaintiff presented this cheque for collection which was dishonoured.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo provided information that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued demanding repayment of the dishonoured cheque amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt proves that the lawyer's notice was sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms that the defendant received the lawyer's 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
Non-payment of rent
Case Code
Case between R.Ashtaman vs Nidhin Kumar @ Kallada Nidhin Kumar regarding Realisation of Money
Case Code Year
Case between R.Ashtaman vs Nidhin Kumar @ Kallada Nidhin Kumar regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour