Case Summary
Sakkariya, the complainant, alleges that Basheer Panangatt issued a cheque for the repayment of a loan but it was returned due to insufficient funds. The court found Basheer guilty of the offense under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
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 Basheer Panangatt for dishonoring a cheque issued to Sakkariya. He was sentenced to simple imprisonment and fined.
Why Plaintiff Won:
The execution of the cheque was proven and the accused failed to prove any defense.
The execution of the cheque was proven and the accused failed to prove any defense.
Losing Side's Weaknesses:
The execution of the cheque was proven and the accused failed to prove any defense.
The execution of the cheque was proven and the accused failed to prove any defense.
Supporting Evidence
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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sakkariya
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Basheer Panangatt
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Cheque No.499867, Return Memo, Registered Lawyer Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Agreement executed between the complainant and the accused dated 07.05.2019
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. K. Abdul Latheef
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- O. T. Jabish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Fine of ₹12,00,000/- and simple imprisonment until the rising of the court.
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.
Relief Type:
Damages
Outcome:
Granted
Description:
Imprisonment of six months in default of payment of the fine.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused to the complainant towards a loan amount.
Reference:
Exhibit P1/PW1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo showing insufficient funds for the cheque issued.
Reference:
Exhibit P2/PW1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the accused demanding repayment of the cheque amount.
Reference:
Exhibit P3/PW1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt proving the lawyer notice was sent to the accused.
Reference:
Exhibit P4/PW1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card indicating that the accused received the lawyer notice.
Reference:
Exhibit P5/PW1
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement executed between the complainant and the accused.
Reference:
Exhibit D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between Sakkariya vs Basheer Panangatt regarding cheque dishonor under Negotiable Instruments Act
Case Code Year
Case between Sakkariya vs Basheer Panangatt regarding cheque dishonor 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