Case Summary
Smt.Sreeja.M.K lent Rs.3,50,000 to Smt.Renju in 2018, but the defendant failed to repay the loan. The plaintiff filed a suit after repeated failures to collect the amount, claiming that the cheque issued by the defendant was dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs. 4,77,000 with interest at the rate of 6% per annum from the date of suit till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit allowing the plaintiff to recover Rs.4,77,000 from the defendant with interest at 6% per annum. The defendant's claim of loan non-existence was dismissed.
Why Plaintiff Won:
Plaintiff's evidence was unchallenged and proved the loan agreement and its dishonor.
Plaintiff's evidence was unchallenged and proved the loan agreement and its dishonor.
Losing Side's Weaknesses:
Plaintiff's evidence was unchallenged and proved the loan agreement and its dishonor.
Plaintiff's evidence was unchallenged and proved the loan agreement and its dishonor.
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 4,77,000/- (Rupees Four lakhs and Seventy Seven thousand only) to the plaintiff with interest at the rate of 6% per annum from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt.Sreeja.M.K
- Party Age
- 31
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt.Renju
- Party Age
- 36
- Relation
- D/o
Plaintiffs Documents
Original Cheque No.645516, Dishonour Memo, Copy of Legal Notice, Certified Copy of Settlement Deed No.3005/2009, Copy of Bank Statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Balachandran Kulasekharam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.VS. Hareendran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested recovery of Rs.4,77,000/- with interest.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs. 4,77,000/- (Rupees Four lakhs and Seventy Seven thousand only) to the plaintiff with interest at the rate of 6% per annum from the date of suit till date of realization.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque issued by the defendant to the plaintiff was presented for collection.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The memorandum indicating the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent to the defendant concerning the repayment of the borrowed amount.
Reference:
Ext.A3
Document Type:
Postal Receipt and Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of sending the legal notice through post.
Reference:
Ext.A4 series
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Documentation related to a settlement deed involving the defendant.
Reference:
Ext.A5
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
The passbook of the defendant showing financial activity.
Reference:
Ext.A6
Document Type:
Copy of Bank statement
Submitted By:
Plaintiff
Relevance:
The bank statement of the plaintiff as part of the evidence.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act