Case Summary
The plaintiff, Sinil.J, is seeking to recover Rs. 3,50,000 from the defendant, Valsala Reghukumar, due to a dishonored cheque related to a previous loan transaction. The defendant did not appear in court, and the case was decided in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.3,50,000 with interest at the rate of 6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to receive Rs. 3,50,000 with interest from the defendant. The suit was decided in favor of the plaintiff due to the defendant's absence.
Why Plaintiff Won:
The plaintiff proved his case through documentary evidence as the defendant did not present any evidence to counter the claims.
The plaintiff proved his case through documentary evidence as the defendant did not present any evidence to counter the claims.
Losing Side's Weaknesses:
The plaintiff proved his case through documentary evidence as the defendant did not present any evidence to counter the claims.
The plaintiff proved his case through documentary evidence as the defendant did not present any evidence to counter the claims.
Supporting Evidence
The plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and her assets with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sinil.J
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valsala Reghukumar
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Original cheque No.327419 dated 23/10/2018, dishonour memo dated 24/10/2018, copy of Lawyer’s notice dated 02/11/2018, postal receipt dated 02/11/2018, acknowledgment card dated 07/11/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.Vijayakumari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Divya S Kunnat
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sheeja.V Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreedevi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- B.L.Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.3,50,000 with interest from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) with interest at the rate of 6% per annum from the date of suit till the realistation from the defendant and her assets with costs.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The plaintiff presented Ext.A1, the original cheque for Rs. 3,50,000 issued by the defendant, which was dishonoured.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the dishonour memo dated 24/10/2018 indicating insufficient funds for the cheque.
Reference:
Ext.A2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the office copy of the lawyer’s notice sent to the defendant regarding the cheque.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the postal receipt dated 02/11/2018 confirming the sending of the notice.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the acknowledgment card dated 07/11/2018 received by the defendant confirming receipt of the notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Sinil.J vs Valsala Reghukumar regarding realization of money
Case Code Year
Case between Sinil.J vs Valsala Reghukumar regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act