Case Summary
Complaint filed by Saidhali against Faisal for dishonor of a cheque. Faisal found guilty of offense under section 138 of the Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 75,000/- and imprisonment
Case Type
Criminal Case
Final Judgment
No
Accused Faisal found guilty of offense under section 138 of the Negotiable Instrument Act.
Why Plaintiff Won:
Complainant proved execution and issuance of cheque by accused.
Complainant proved execution and issuance of cheque by accused.
Losing Side's Weaknesses:
Complainant proved execution and issuance of cheque by accused.
Complainant proved execution and issuance of cheque by accused.
Supporting Evidence
Accused did not rebut the presumption as per section 139 of Negotiable Instruments Act.
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saidhali
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Faisal
- Relation
- S/o Hamza Master
Plaintiffs Documents
Cheque No. 419583 for Rs.75,000, Memo issued by Kottakkal Co-op Urban Bank, Randathani Branch, Memo issued by Edarikkode Service Co-op Bank, Copy of Lawyer notice with postal receipt, Return Notice and Acknowledgement Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ali Hassan
- Appearance Type
- Main Counsel
- Law Firm
- Tirur
- Party Role
- Defendant
- Advocate Name
- Shameer Babu. K
- Appearance Type
- Main Counsel
- Law Firm
- Tirur
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Complainant presented the cheque for collection, returned unpaid
Reference:
Exbt.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by Kottakkal Co-op Urban Bank, Randathani Branch
Reference:
Exbt.P2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by Edarikkode Service Co-op Bank
Reference:
Exbt.P3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice demanding payment of amount covered by the cheque
Reference:
Exbt.P4
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Accused evaded receipt of the notice
Reference:
Exbt.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Saidhali vs Faisal regarding U/s 138 of N.I. Act
Case Code Year
Case between Saidhali vs Faisal regarding U/s 138 of N.I. Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
2 months