Case Summary
Saju Thankappan Nair is the plaintiff who claims that Anumol P.P borrowed Rs.5 lakhs and failed to repay the amount. The case revolves around a dishonored cheque issued by the defendant to the plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the defendant, dismissing the plaintiff's claim for the recovery of Rs.5 lakhs.
Key Reasoning:
The plaintiff failed to prove the execution of the promissory note and the source of funds lent.
The plaintiff failed to prove the execution of the promissory note and the source of funds lent.
Why Defendant Won:
The plaintiff failed to prove the execution of the promissory note and the source of funds lent.
The plaintiff failed to prove the execution of the promissory note and the source of funds lent.
Supporting Evidence
The evidence of the plaintiff concerning the execution of Ext. A1 does not satisfy his claim that DW1 executed Ext. A1 on 30.10.2021.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saju Thankappan Nair
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anumol P.P
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Promissory note, Cheque issued by Federal Bank, Cheque return memo, lawyer's notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.H Sayyed Ali Khan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.A Shaji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought to recover Rs.5 lakhs from the defendant.
Evidence:
Hence the suit is liable to be dismissed and the issue is found against the plaintiff.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by defendant acknowledging receipt of Rs.5 lakhs with terms for repayment.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by defendant to discharge liability, but dishonored.
Reference:
Ext.A2
Document Type:
Dishonor memo
Submitted By:
Court
Relevance:
Received by plaintiff indicating the cheque was dishonored.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Issued to inform the defendant about the cheque dishonor and demand payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of acknowledgment of the lawyer's notice by the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of Loan
Case Code
O.S
Case Code Year
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour