Case Summary
Sharfad E. filed a private complaint against Ali E.M. under the Negotiable Instruments Act for issuing a cheque that was dishonored due to insufficient funds. The case revolves around the loan transaction and the subsequent failure to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹20,00,000/- and simple imprisonment till rising of the court.
Case Type
Criminal Case
Final Judgment
No
The accused, Ali E.M., was found guilty of the offence under section 138 of the Negotiable Instruments Act. He was sentenced to undergo simple imprisonment and pay a fine, failing which he would serve additional imprisonment.
Why Plaintiff Won:
The cheque was dishonored due to insufficient funds, and the complainant proved all statutory requirements were fulfilled.
The cheque was dishonored due to insufficient funds, and the complainant proved all statutory requirements were fulfilled.
Losing Side's Weaknesses:
The cheque was dishonored due to insufficient funds, and the complainant proved all statutory requirements were fulfilled.
The cheque was dishonored due to insufficient funds, and the complainant proved all statutory requirements were fulfilled.
Supporting Evidence
The complainant has established the first burden. The accused has not set up a probable defence and has not disproved the presumption in favour of the complainant.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹20,00,000/- (Rupees Twenty Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sharfad E.
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ali E.M.
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Cheque No. 463283 dated 24.08.2021, Return Memo dated 23.09.2021, Registered Lawyer Notice dated 29.09.2021, Postal Receipt dated 04.10.2021, Acknowledgment Card dated 06.10.2021, Agreement dated 15.08.2019.
Defendants Documents
Sworn Statement filed by the Power of Attorney Holder of the complainant dated 06.12.2021, Complaint filed by the complainant.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Abdul Latheef V.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. M.K. Balakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused was ordered to pay a fine of Rs. 20,00,000/-.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 20,00,000₹/- (Rupees Twenty Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused was sentenced to Simple Imprisonment for default in payment of the fine.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The accused issued this cheque to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document shows that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the accused to inform him of the cheque dishonor and demand payment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document proves the sending of the Registered Lawyer Notice.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card shows that the accused received the Lawyer Notice.
Reference:
Ext.P5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement was executed between the complainant and the accused related to the loan.
Reference:
Ext.P6
Document Type:
Sworn Statement
Submitted By:
Defendant
Relevance:
A sworn statement filed by the Power of Attorney Holder of the complainant.
Reference:
D1
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
This is the initial complaint filed by the complainant.
Reference:
D2
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
Case between Sharfad E. vs Ali E.M. regarding dishonor of cheque.
Case Code Year
Case between Sharfad E. vs Ali E.M. regarding dishonor of cheque.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months