Case Summary
The complainant Sathesan issued a private complaint against Smitha P. for dishonoring a cheque. The cheque was issued for a loan of Rs.70,000, which was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Simple Imprisonment till rising of the court and a fine of 1,40,000 ₹.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of issuing a cheque that was dishonored due to insufficient funds. The court sentenced the accused to undergo simple imprisonment and pay a fine.
Why Plaintiff Won:
The complainant successfully established that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
The complainant successfully established that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
Losing Side's Weaknesses:
The complainant successfully established that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
The complainant successfully established that the cheque was issued for a legally enforceable debt and was dishonored for insufficient funds.
Supporting Evidence
The complainant has successfully established his case in his favour and the execution of Ext.P1 cheque is proved before this court.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 1,40,000 ₹ (Rupees One Lakh Forty Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sathesan
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smitha P.
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Cheque No. 541426 for Rs.70,000/- of Canara Bank, Thottilpalam Branch, Cheque Return Memo, Registered Lawyer notice, Postal Receipt, Postal Acknowledgment Card.
Defendants Documents
FIR in Crime No. 719/2024, Charge sheet, List of documents, Conciliation document entered between complainant and the accused.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pramod Kakkattil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. K. Ratheesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to undergo Simple Imprisonment and to pay a fine.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 1,40,000/- (Rupees One Lakh Forty Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved the issuance of the cheque by the accused in favor of the complainant for a legally enforceable debt.
Reference:
P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Showed that the cheque was returned for insufficient funds.
Reference:
P2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the accused notifying her of the cheque dishonor and demanding payment.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the accused.
Reference:
P4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of receipt of the lawyer notice by the accused.
Reference:
P5
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Document submitted to support the defense alleging fraudulent activities.
Reference:
D1
Document Type:
Charge Sheet
Submitted By:
Defendant
Relevance:
Document submitted to support the defense but not discussed in the judgment.
Reference:
D2
Document Type:
List of documents
Submitted By:
Defendant
Relevance:
Document submitted to support the defense but not discussed in the judgment.
Reference:
D3
Document Type:
Conciliation document
Submitted By:
Defendant
Relevance:
Showed prior discussions between complainant and accused regarding money transaction.
Reference:
D4
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Sathesan vs Smitha P. regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between Sathesan vs Smitha P. regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
until rising of the court