Case Summary
The complainant Saadudheen filed a private complaint against Faisal K.P. for issuance of cheques that were dishonored due to insufficient funds. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹12,00,000/-
Case Type
Criminal Case
Final Judgment
No
The court convicted Faisal K.P. for dishonoring cheques issued to Saadudheen and imposed a fine.
Why Plaintiff Won:
The complainant proved that the cheques were issued for a legally enforceable debt and were dishonored due to insufficient funds.
The complainant proved that the cheques were issued for a legally enforceable debt and were dishonored due to insufficient funds.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The accused has not produced any evidence to set up a probable defence. The presumption is in favour of the complainant and it probabilizes the case of the complainant.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 12,00,000/- (Rupees Twelve Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saadudheen
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Faisal K.P.
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Agreement between complainant and accused dated 26.10.2021, Vehicle Selling Agreement dated 08.04.2021, Receipt for filing complaint in Edakkad Police Station, Cheque No. 292634 dated 24.12.2021, Cheque No. 292635 dated 30.12.2021, Cheque Return Memo dated 16.02.2022, Registered Lawyer Notice dated 03.03.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Fareed Kalleri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to undergo Simple Imprisonment till rising of the court.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court.
Relief Type:
Fine
Outcome:
Granted
Description:
The accused is to pay a fine of Rs. 12,00,000/-.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 12,00,000/- (Rupees Twelve Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between complainant and accused dated 26.10.2021.
Reference:
Ext.P1
Document Type:
Vehicle Selling Agreement
Submitted By:
Plaintiff
Relevance:
Vehicle selling agreement between complainant and accused dated 08.04.2021.
Reference:
Ext.P2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for filing complaint in Edakkad Police Station.
Reference:
Ext.P3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No. 292634 for Rs.3,00,000/- issued in favour of the complainant by the accused.
Reference:
Ext.P4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No. 292635 for Rs.3,00,000/- issued in favour of the complainant by the accused.
Reference:
Ext.P5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo issued for Cheque No. 292634.
Reference:
Ext.P6
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo issued for Cheque No. 292635.
Reference:
Ext.P7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the registered lawyer notice sent to the accused.
Reference:
Ext.P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the registered lawyer notice.
Reference:
Ext.P9
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice unclaimed by the accused.
Reference:
Ext.P10
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of Attorney produced by the complainant authorizing his father to appear and prosecute the evidence.
Reference:
Ext.P11
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 Saadudheen vs Faisal K.P. regarding dishonor of cheques under Negotiable Instruments Act.
Case Code Year
Case between Saadudheen vs Faisal K.P. regarding dishonor of cheques under Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months