Case Summary
Sajeev A Pai is the plaintiff seeking repayment from P.H. Nazar, the defendant, for a loan amounting to 1,30,000/-. The defendant issued a cheque for repayment, which was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff a sum of 1,30,000/- with interest at the rate of 6% per annum from 22.01.2016 till realisation and the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ruling that the defendant must repay the cheque amount along with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient documentation and evidence of the defendant's liability, while the defendant failed to substantiate their claims.
The plaintiff provided sufficient documentation and evidence of the defendant's liability, while the defendant failed to substantiate their claims.
Losing Side's Weaknesses:
The plaintiff provided sufficient documentation and evidence of the defendant's liability, while the defendant failed to substantiate their claims.
The plaintiff provided sufficient documentation and evidence of the defendant's liability, while the defendant failed to substantiate their claims.
Supporting Evidence
The core of PW1’s testimony—that the defendant took money from him and issued Exhibit A1 in repayment remains unshaken.
Judgment Evidence:
Accordingly, the suit is decreed as follows: 1. The defendant shall pay to the plaintiff a sum of 1,30,000/- (Rupees One Lakh Thirty Thousand only) being the amount covered by Exhibit A1.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeev A Pai
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.H. Nazar
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 (cheque), Exhibit A2 (bank slip), Exhibit A3 (dishonour memo), Exhibit A4 (lawyer notice), Exhibit A5 (postal receipt), Exhibit A6 (acknowledgment card)
Defendants Documents
Exhibit B1 (judgment in ST No.76/2018), Exhibit B2 (deposition in ST No.76/2018)
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil. D. Kartha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Josekutty Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought a decree for the cheque amount of 1,30,000/- along with interest.
Evidence:
The suit is decreed as follows: The defendant shall pay to the plaintiff a sum of 1,30,000/- (Rupees One Lakh Thirty Thousand only) being the amount covered by Exhibit A1.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
The plaintiff sought interest at the rate of 12% per annum from the date of the cheque till realisation.
Evidence:
The defendant shall also pay interest at the rate of 6% per annum from 22.01.2016 (the date of the cheque) till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff sought costs of the suit.
Evidence:
The defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque is stated to have been voluntarily executed by the defendant in favour of the plaintiff as complete security for the liability.
Reference:
Ext.A1
Document Type:
Pay in Slip
Submitted By:
Plaintiff
Relevance:
This document evidences the presentation of the cheque by the plaintiff through his banker.
Reference:
Ext.A2
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo evidences that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document evidences a statutory notice sent to the defendant calling upon him to repay the amount covered under the cheque.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document confirms the service of the lawyer's notice to the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card evidences the acknowledgment of receipt of the lawyer's notice by the defendant.
Reference:
Ext.A6
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
This judgment from a previous criminal case is produced to support the defendant's argument that the cheque was not issued for repayment of any loan.
Reference:
Ext.B1
Document Type:
Certified copy of deposition
Submitted By:
Defendant
Relevance:
This document contains the deposition from the previous criminal case which the defendant argues supports his claim.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
O.S.
Case Code Year
2018
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act