Case Summary
Sheela Shaji, the plaintiff, lent Biju. G.R an amount of Rs. 2,50,000 and was issued a cheque that was dishonoured. Sheela Shaji filed the suit seeking to recover Rs. 2,69,250 along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 2,69,250 together with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. Sheela Shaji is entitled to recover Rs. 2,69,250 from Biju. G.R along with interest.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Supporting Evidence
The evidence of PW1 and Exts.A1 to A5 documents prove the plaintiff's claim.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,69,250/- (Rupees Two Lakhs Sixty Nine Thousand Two Hundred and Fifty only) together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheela Shaji
- Party Age
- 54
- Relation
- W/o Late Shaji
- Party Role
- Defendant
- Party Name
- Biju. G.R
- Party Age
- 43
- Relation
- S/o Gopalakrishnan
Plaintiffs Documents
Original cheque bearing No. 087189, Cheque return memo, Office copy of demand notice, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Sam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 2,69,250/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,69,250/- (Rupees Two Lakhs Sixty Nine Thousand Two Hundred and Fifty only) together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque bearing No. 087189 was issued by the defendant in favor of the plaintiff as evidence of the loan.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was dishonoured for the reason 'exceeds arrangement.'
Reference:
Ext.A2
Document Type:
Office copy of demand notice
Submitted By:
Plaintiff
Relevance:
The demand notice was sent to the defendant requesting repayment of the amount covered by the dishonoured cheque.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the demand notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card is proof that the defendant received the demand notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Sheela Shaji vs Biju. G.R regarding realisation of money.
Case Code Year
Case between Sheela Shaji vs Biju. G.R regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act