Case Summary
The complainant, Showkath C. K., filed a complaint against the accused, Latheef P. K., for dishonor of cheques issued in favor of the complainant for a loan. The court found the accused guilty of committing the offense under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused sentenced to undergo Simple Imprisonment and pay a fine of ₹20,00,000
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty and sentenced to Simple Imprisonment and a fine of ₹20,00,000 under Section 138 of the Negotiable Instruments Act.
Why Plaintiff Won:
The complainant provided sufficient evidence that the cheques were issued for a legally enforceable debt, which were dishonored due to insufficient funds.
The complainant provided sufficient evidence that the cheques were issued for a legally enforceable debt, which were dishonored due to insufficient funds.
Losing Side's Weaknesses:
The complainant provided sufficient evidence that the cheques were issued for a legally enforceable debt, which were dishonored due to insufficient funds.
The complainant provided sufficient evidence that the cheques were issued for a legally enforceable debt, which were dishonored due to insufficient funds.
Supporting Evidence
The complainant has categorically established that there existed a money transaction between himself and the accused. All the statutory formalities with respect to the institution of the complaint have been followed in this case.
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
- Showkath C. K.
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Latheef P. K.
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Cheque No.695541 for Rs.5,00,000/-, Cheque No.695542 for Rs.5,00,000/-, Cheque No.695543 for Rs.5,00,000/-
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vimesh K. P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ratheesh Kumar K. K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation for the dishonored cheques.
Evidence:
In the result, the accused is sentenced to... Rs. 20,00,000/- (Rupees Twenty Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple Imprisonment till rising of the court.
Evidence:
the accused is sentenced to undergo Simple Imprisonment till rising of the court.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Further imprisonment in default of payment of 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:
Presented for payment and returned for insufficient funds.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Presented for payment and returned for insufficient funds.
Reference:
Ext.P2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Presented for payment and returned for insufficient funds.
Reference:
Ext.P3
Document Type:
Memo showing Funds Insufficient
Submitted By:
Plaintiff
Relevance:
Document proving that cheque was returned due to insufficient funds.
Reference:
Ext.P4
Document Type:
Memo showing Funds Insufficient
Submitted By:
Plaintiff
Relevance:
Document proving that cheque was returned due to insufficient funds.
Reference:
Ext.P5
Document Type:
Memo showing Funds Insufficient
Submitted By:
Plaintiff
Relevance:
Document proving that cheque was returned due to insufficient funds.
Reference:
Ext.P6
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the accused for failure to pay cheque amount.
Reference:
Ext.P7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice to the accused.
Reference:
Ext.P8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof that the accused received the lawyer's notice.
Reference:
Ext.P9
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 Showkath C. K. vs Latheef P. K. regarding dishonor of cheques
Case Code Year
Case between Showkath C. K. vs Latheef P. K. regarding dishonor of cheques
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months