Case Summary
Shahul Hameed is the complainant against Veerankutty, who is accused of dishonouring a cheque under section 138 of the Negotiable Instruments Act. The court found the accused guilty and imposed a sentence along with financial compensation to the complainant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 565,000/-
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of dishonouring a cheque and was sentenced to imprisonment until the raising of the court, along with a compensation payment.
Why Plaintiff Won:
The complainant proved that the accused issued the cheque for a legally enforceable debt.
The complainant proved that the accused issued the cheque for a legally enforceable debt.
Losing Side's Weaknesses:
The complainant proved that the accused issued the cheque for a legally enforceable debt.
The complainant proved that the accused issued the cheque for a legally enforceable debt.
Supporting Evidence
The complainant has proved that the accused had executed and issued Exbt.P1 cheque to him towards the discharge of a legally recoverable debt.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.565,000/- (Rupees Five Lakh and Sixty Five Thousand only) under section 357(3) of the Code of Criminal Procedure...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shahul Hameed
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Veerankutty
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Cheque No.009635 for Rs.5,65,000/, Dhana Lakshmi Bank, Ponnani Branch; Copy of Lawyer notice with postal receipt; Agreement dated 10.04.2012; Agreement dated 10.12.2014
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Khaleel Ibrahim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid by the accused to the complainant.
Evidence:
The accused is directed to pay compensation of Rs. 565,000/- (Rupees Five Lakh and Sixty Five Thousand only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment of the accused for non-payment of the compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a period of 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused towards the discharge of a legally enforceable debt.
Reference:
Exbt.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo from the Dhanalakshmi Bank indicating that Exbt.P1 cheque was returned unpaid due to 'Funds Insufficient'.
Reference:
Exbt.P2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued by Axis Bank related to the presentation of Exbt.P1 cheque.
Reference:
Exbt.P3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent to the accused demanding payment after the cheque was dishonoured.
Reference:
Exbt.P4
Document Type:
Return Notice
Submitted By:
Plaintiff
Relevance:
Return notice acknowledging the failed delivery of the lawyer notice to the accused.
Reference:
Exbt.P5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between the complainant and accused regarding the repayment of the amount due.
Reference:
Exbt.P6
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Second agreement related to the payment plan agreed upon by the accused.
Reference:
Exbt.P7
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Previous cheque issued by the accused towards the discharge of his liability which was returned unpaid.
Reference:
Exbt.P8
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo from the South Indian Bank indicating that Exbt.P8 cheque was returned unpaid due to 'Funds Insufficient'.
Reference:
Exbt.P9
Document Type:
Written Statement
Submitted By:
Plaintiff
Relevance:
Written statement filed in another legal proceeding involving the accused.
Reference:
Exbt.P10
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Shahul Hameed vs Veerankutty regarding dishonour of cheque
Case Code Year
Case between Shahul Hameed vs Veerankutty regarding dishonour of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months