Case Summary
The plaintiff, Shaji.K.K, is seeking repayment of a loan amount of ₹2,00,000 from the defendant, Ussainkutty. The defendant failed to repay the amount and the cheque issued was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 2,00,000/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹2,00,000 from the defendant along with interest. The plaintiff will also recover the costs of the suit.
Why Plaintiff Won:
The unchallenged evidence of PW1 and Ext.A1 to A5 would show that the plaintiff is entitled to a decree as prayed for.
The unchallenged evidence of PW1 and Ext.A1 to A5 would show that the plaintiff is entitled to a decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence of PW1 and Ext.A1 to A5 would show that the plaintiff is entitled to a decree as prayed for.
The unchallenged evidence of PW1 and Ext.A1 to A5 would show that the plaintiff is entitled to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A5 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs. 2,00,000/- (Rupees two lakhs only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaji.K.K
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ussainkutty
- Party Age
- 69
Plaintiffs Documents
Cheque bearing No.452845 of Federal Bank, Cheque return memo, Copy of lawyer notice, Postal receipt, Returned postal cover with acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Saviour George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹2,00,000 from the defendant with interest.
Evidence:
The unchallenged evidence of PW1 and Ext.A1 to A5 would show that the plaintiff is entitled to a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant to repay the money borrowed from the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document shows the cheque was returned due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to inform the defendant about the default in payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice.
Reference:
Ext.A4
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
The returned notice confirms that the defendant refused the lawyer notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Shaji.K.K vs Ussainkutty regarding return of money
Case Code Year
Case between Shaji.K.K vs Ussainkutty regarding return of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act