Case Summary
Shafi as the complainant accused Jafar of issuing a dishonoured cheque of Rs.90,000, leading to an offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.90,000 and simple imprisonment
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
The accused was found guilty of issuing a dishonoured cheque of Rs.90,000 and was sentenced to imprisonment until court-raising and pay compensation to the complainant.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Ext.P1 cheque was issued for repayment of the amount borrowed by the accused from the complainant. The complainant proved service of notice and the accused's failure to pay the cheque amount.
Judgment Evidence:
In the result, the accused is found guilty and convicted for the offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.90,000/- to the complainant u/s 357(3) of the Cr.P.C.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shafi
- Party Age
- 42
- Relation
- S/o Kunjumoideen kutty
- Party Role
- Defendant
- Party Name
- Jafar
- Party Age
- 32
- Relation
- S/o Kunjeethu Musliyar
Plaintiffs Documents
Ext.P1 - Cheque No.844296, Ext.P2 - Memo, Ext.P3 - Copy of Lawyer notice, Ext.P4 - Postal receipt, Ext.P5 - Acknowledgement card, Ext.P6 - Agreement
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri . Chandrasekharan
- Appearance Type
- Main Counsel
- Law Firm
- Tiru
- Party Role
- Defendant
- Advocate Name
- P.Najumudheen
- Appearance Type
- Main Counsel
- Law Firm
- Tirur
Reliefs
Relief Type:
Compensation and Imprisonment
Outcome:
Granted
Description:
Compensation of Rs.90,000/- and simple imprisonment
Evidence:
In the result, the accused is found guilty and convicted for the offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.90,000/- to the complainant u/s 357(3) of the Cr.P.C.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued for repayment of the amount borrowed by the accused from the complainant.
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by South Indian Bank Ltd regarding dishonour of the cheque.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued to the accused.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for issuing the notice under registered post.
Reference:
Ext.P4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the transaction.
Reference:
Ext.P6
Case Classification
Case Type
Criminal Case - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Shafi vs Jafar regarding Cheque Dishonour
Case Code Year
Case between Shafi vs Jafar regarding Cheque Dishonour
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
1 months