Case Summary
This case involves a private complaint filed by Savitha V. C. against Marunnoor Raheem for dishonoring two cheques issued in repayment of a loan. The court found the accused guilty under Sec.138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹1,80,000/- and imprisonment till the rising of the court.
Case Type
Criminal Case
Final Judgment
No
The court convicted Marunnoor Raheem for the offence punishable under Sec.138 of the Negotiable Instruments Act and ordered him to pay a fine and undergo imprisonment in case of default.
Why Plaintiff Won:
The complainant proved her case by presenting sufficient evidence, including the fact that the cheques were dishonored due to insufficient funds.
The complainant proved her case by presenting sufficient evidence, including the fact that the cheques were dishonored due to insufficient funds.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant has discharged the initial burden to prove the transaction i.e., the execution of the cheque. The presumption u/s. 118 and 139 are also available to the complainant.
Judgment Evidence:
In ST 18/2020, the accused is found to be guilty of an offence punishable under Sec.138 of the Negotiable Instruments Act and is convicted thereunder. Accused is sentenced to pay a fine of ₹1,80,000/- and undergo Simple Imprisonment for six months in default.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Savitha V. C.
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Marunnoor Raheem
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Agreement executed on 13.11.2013, Cheque No.507790 for ₹1,80,000/- dated 30.04.2014, Cheque No.507792 for ₹1,80,000/- dated 30.10.2014
Defendants Documents
Certified copy of complaint in ST 1081/2015 of JFCM-I, Nadapuram.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Sanjeev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. K. Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to the complainant from the fine amount.
Evidence:
If the amount of fine is realized, the same shall be paid to the complainant as compensation U/s. 357(1) Cr.PC.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment until the rising of the court and subsequent simple imprisonment for default in payment of fine.
Evidence:
Accused is sentenced to imprisonment till the rising of the court and to pay a fine of ₹1,80,000/-.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The accused acknowledged to repay the investment amount to the complainant.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheque issued by the accused to the complainant in discharge of debt.
Reference:
Ext.P2
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheque issued by the accused to the complainant in discharge of debt.
Reference:
Ext.P3
Document Type:
Return Memo
Submitted By:
Court
Relevance:
Return memo for cheque Ext.P2 indicating insufficient funds.
Reference:
Ext.P4
Document Type:
Return Memo
Submitted By:
Court
Relevance:
Return memo for cheque Ext.P3 indicating insufficient funds.
Reference:
Ext.P5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to inform the accused about the cheque default.
Reference:
Ext.P6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to inform the accused about the cheque default.
Reference:
Ext.P7
Document Type:
Postal receipt
Submitted By:
Court
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.P8
Document Type:
Postal receipt
Submitted By:
Court
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.P9
Document Type:
Postal Acknowledgment Card
Submitted By:
Court
Relevance:
Acknowledgment of receipt for one of the lawyer notices.
Reference:
Ext.P10
Document Type:
Postal Acknowledgment Card
Submitted By:
Court
Relevance:
Acknowledgment of receipt for one of the lawyer notices.
Reference:
Ext.P11
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
Document submitted by the defendant in support of his claim.
Reference:
Ext.D1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
ST
Case Code Year
2020
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months