Case Summary
Siju K.G filed a suit against M.P.Reji for the recovery of ₹5,50,000, which was meant to be refunded after vacating a property. The plaintiff claims the cheque issued by the defendant was dishonored due to insufficient funds, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay the plaintiff Rs. 6,10,273/- along with interest @12% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹6,10,273 with interest. The court found that the defendant had a liability to return the money paid by the plaintiff.
Why Plaintiff Won:
The cheque was deemed validly executed, and the court found that the defendant had a liability to repay the amount due.
The cheque was deemed validly executed, and the court found that the defendant had a liability to repay the amount due.
Losing Side's Weaknesses:
The cheque was deemed validly executed, and the court found that the defendant had a liability to repay the amount due.
The cheque was deemed validly executed, and the court found that the defendant had a liability to repay the amount due.
Supporting Evidence
The defendant has not anywhere in the written statement or in the proof affidavit specifically denied the signature in Ext.A2 cheque. No serious contention regarding the execution of the cheque has been proved by the defendant.
Judgment Evidence:
In the result, the suit is decreed as follow- 1) The defendant shall pay the plaintiff Rs. 6,10,273/- along with interest @12% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Siju K.G
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.P.Reji
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Possession notice issued by Bank of Baroda, Original cheque bearing no. 116091 for an amount of Rs. 5,50,000/- drawn on Axis Bank ltd, Dishonour memo issued by the SBI, Office copy of the lawyer notice issued to the defendant, Postal acknowledgment card, Certified copy of Discharge petition filed by the defendant in CC no. 1376/2020, True copy of the notice issued by the Adv. Commissioner in M.C no. 218/18 to the defendant, Order in Crml.M.C no. 2546/21 by the Sessions Court, Ernakulam.
Defendants Documents
Certified copy of the complaint filed by the plaintiff in C.C 1376/2020 against the defendant, Certified copy of the Commission Report filed by the advocate commissioner in MC 37/18.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lijo Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nidhi Sam John
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jerie Ramesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted recovery of ₹6,10,273/- from the defendant along with applicable interest.
Evidence:
In the result, the suit is decreed as follow- 1) The defendant shall pay the plaintiff Rs. 6,10,273/- along with interest @12% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled for costs of the suit.
Evidence:
Plaintiff is also entitled for costs of the suit.
Documents & Evidence
Document Type:
Possession Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show the legal notification of possession by Bank of Baroda.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was presented as evidence of the payment due from the defendant to the plaintiff, which was dishonored.
Reference:
Ext.A2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo was used to demonstrate that the cheque was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendant demanding payment after the dishonor of the cheque.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document was included to confirm receipt of the notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Discharge Petition
Submitted By:
Plaintiff
Relevance:
This petition documented the defendant's admission regarding the loan and mortgage related to the property.
Reference:
Ext.A6
Document Type:
Notice from Advocate Commissioner
Submitted By:
Plaintiff
Relevance:
This notice confirmed the visit of the advocate commissioner regarding the possession of the property.
Reference:
Ext.A7
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
This document relates to a previous order affecting the case.
Reference:
Ext.A8
Document Type:
Complaint Copy
Submitted By:
Defendant
Relevance:
This document was used to reference the legal complaint filed by the plaintiff against the defendant.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
This document was presented to support the defendant's claim regarding possession of the property.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Siju K.G vs M.P.Reji regarding recovery of money
Case Code Year
Case between Siju K.G vs M.P.Reji regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act