Case Summary
Sherin Neauman P.S is the plaintiff who lent ₹5,54,000 to Bijitha Johnson, the defendant, for personal needs. When the defendant's cheque for repayment was dishonored due to insufficient funds, the plaintiff pursued legal action to recover the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of ₹7,47,000 with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to pay ₹7,47,000 with interest for the dishonored cheque. The plaintiff is entitled to recover the amount and costs from the defendant's assets.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 7,47,000/- (Rupees Seven Lakhs Forty Seven Thousand Only) with 12% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sherin Neauman P.S
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bijitha Johnson
- Party Age
- 28
- Relation
- D/o
Plaintiffs Documents
Certified copy of the cheque bearing no. 297269 for an amount of Rs. 5,54,000, Certified copy of the dishonor memo, Certified copy of the legal notice issued to the defendant, Certified copy of the postal receipt, Certified copy of the A/D card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.C.Gineeb
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ranjini Kunnath
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bivinbal K.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devi P Prathapan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover an amount of ₹7,47,000 along with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of 7,47,000/- (Rupees Seven Lakhs Forty Seven Thousand Only) with 12% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Certified copy of the cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant for repayment of the borrowed amount.
Reference:
Ext.A1
Document Type:
Certified copy of the dishonor memo
Submitted By:
Plaintiff
Relevance:
The memo confirmed that the cheque was dishonored due to insufficient funds.
Reference:
Ext.A2
Document Type:
Certified copy of the legal notice
Submitted By:
Plaintiff
Relevance:
The legal notice was sent to the defendant after the cheque was dishonored.
Reference:
Ext.A3
Document Type:
Certified copy of the postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Certified copy of the A/D card
Submitted By:
Plaintiff
Relevance:
The A/D card confirms the receipt of the legal notice by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Sherin Neauman P.S vs Bijitha Johnson regarding return of money
Case Code Year
Case between Sherin Neauman P.S vs Bijitha Johnson regarding return of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act