Case Summary
Complainant Raveendran filed a case against the accused Abdul Rafeeque under section 138 of the Negotiable Instruments Act for dishonour of a cheque issued towards repayment of a loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,00,000 and simple imprisonment
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Accused found guilty under section 138 of the Negotiable Instruments Act and sentenced to imprisonment till the fine payment. Compensation of Rs.1,00,000 awarded to the complainant.
Why Plaintiff Won:
Complainant proved execution and issuance of the cheque by accused towards discharge of a debt.
Complainant proved execution and issuance of the cheque by accused towards discharge of a debt.
Losing Side's Weaknesses:
Complainant proved execution and issuance of the cheque by accused towards discharge of a debt.
Complainant proved execution and issuance of the cheque by accused towards discharge of a debt.
Supporting Evidence
On the basis of foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of legally enforceabe debt of Rs.1,00,000/- to the complainant.
Judgment Evidence:
The accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.1,00,000/- to the complainant u/s 357(3) of the Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raveendran
- Party Age
- 29
- Relation
- S/o. Kanakkarayi
- Party Role
- Defendant
- Party Name
- Abdul Rafeeque
- Party Age
- 40
- Relation
- S/o. Muhammed
Plaintiffs Documents
Affidavit, Legal notice, Postal receipt, Acknowledgement card
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation of Rs.1,00,000 awarded to the complainant
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for 3 months.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Accused sentenced to undergo imprisonment till the raising of the court
Evidence:
Accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Proof of execution and issuance of the cheque by the accused
Reference:
Ext.P1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Intimation of cheque dishonour and demand for payment
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending legal notice
Reference:
Ext.P4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Proof of legal notice delivery
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Raveendran vs Abdul Rafeeque regarding dishonour of cheque
Case Code Year
Case between Raveendran vs Abdul Rafeeque regarding dishonour of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
Till fine payment and 3 months