Case Summary
The complainant, a private limited company, alleges that the accused issued a cheque which dishonoured due to insufficient funds. The accused is found guilty and is liable to pay compensation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,60,000/-
Case Type
Criminal Case
Final Judgment
No
The accused has been convicted under Section 138 of the N.I. Act and sentenced to simple imprisonment while being ordered to pay compensation.
Why Plaintiff Won:
The cheque was issued in discharge of a legally due liability which was backed by supporting documents.
The cheque was issued in discharge of a legally due liability which was backed by supporting documents.
Losing Side's Weaknesses:
The cheque was issued in discharge of a legally due liability which was backed by supporting documents.
The cheque was issued in discharge of a legally due liability which was backed by supporting documents.
Supporting Evidence
It is clear that, the accused issued the cheque for discharging the liability that is due to the complainant company. The cheque was dishonoured due to insufficiency of funds.
Judgment Evidence:
In the result, the accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand only) to the complainant as compensation u/s.357 (3) Cr.PC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chit and Finance Company (P) Ltd.
- Party Role
- Defendant
- Party Name
- Roy Joseph
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Debt Acknowledgment, Guarantee Deed, Monthly ledger extract, Cheque bearing No.438705, Cheque return memo, Intimation memo, Lawyers Notice, Postal receipt, Unclaimed cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ribinsha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation ordered to be paid by the accused to the complainant.
Evidence:
Accused is convicted U/s 138 of NI Act and sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.1,60,000/-
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment ordered upon default of compensation.
Evidence:
In default of payment of compensation he has to undergo simple imprisonment for a further period of three months.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney was marked to establish the authority of the complainant's representative.
Reference:
Ext.P1
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Document acknowledging debt executed by the accused and Siby.
Reference:
Ext.P2
Document Type:
Guarantee deed
Submitted By:
Plaintiff
Relevance:
Document indicating the accused's guarantor status.
Reference:
Ext.P3
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
Ledger extract showing arrears in repayment amounts due.
Reference:
Ext.P4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused for discharging the debt due.
Reference:
Ext.P5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing dishonour of cheque due to insufficient funds.
Reference:
Ext.P6
Document Type:
Intimation Memo
Submitted By:
Plaintiff
Relevance:
Intimation regarding dishonour of the cheque received.
Reference:
Ext.P7
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the accused regarding the dishonour of the cheque.
Reference:
Ext.P8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing the sending of the legal notice.
Reference:
Ext.P9
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Document indicating that the legal notice sent was returned unclaimed.
Reference:
Ext.P10
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2016
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months