Case Summary
The complainant, Ressal Poyilangi, is involved in a case against the accused, Fathimathul Safna, for cheque dishonor under the Negotiable Instruments Act. The accused issued a cheque for repayment of a loan, which was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹8,00,000 and simple imprisonment till rising of the court
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty under Section 138 of the Negotiable Instruments Act for dishonoring a cheque. The court sentenced her to simple imprisonment and imposed a fine.
Why Plaintiff Won:
The complainant proved the cheque was issued in discharge of a legally enforceable debt and it was dishonored due to insufficient funds.
The complainant proved the cheque was issued in discharge of a legally enforceable debt and it was dishonored due to insufficient funds.
Losing Side's Weaknesses:
The complainant proved the cheque was issued in discharge of a legally enforceable debt and it was dishonored due to insufficient funds.
The complainant proved the cheque was issued in discharge of a legally enforceable debt and it was dishonored due to insufficient funds.
Supporting Evidence
The complainant has categorically proved the formalities in instituting the complaint and that the accused issued the cheque in discharge of a legally enforceable debt.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 8,00,000₹/- (Rupees Eight Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ressal Poyilangi
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fathimathul Safna
- Party Age
- 23
- Relation
- D/o
Plaintiffs Documents
Cheque No. 234858 dated 23.01.2024, Return Memo issued by Union Bank of India, Registered Lawyer notice, Postal Receipt, Acknowledgment Cards
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. P. Vimesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is sentenced to pay a fine of 8,00,000/- as compensation.
Evidence:
the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 8,00,000₹/- (Rupees Eight Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved through PW1 as the cheque issued by accused for legally owed debt.
Reference:
P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Proved through PW1 showing the cheque was returned unpaid for insufficient funds.
Reference:
P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proved through PW1 as notice intimating the default to the accused.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proved through PW1 as evidence of sending the lawyer notice.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proved through PW1 showing the accused received the lawyer notice.
Reference:
P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Recovery of money
Case Code
Case between Ressal Poyilangi vs Fathimathul Safna regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Code Year
Case between Ressal Poyilangi vs Fathimathul Safna regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months