Case Summary
This case involves a complaint filed by Sree Gokulam Chit and Finance Company Pvt Ltd. against Moidu M.K for dishonoring a cheque issued in payment of a debt. The complainant alleges that the cheque was returned unpaid due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Simple Imprisonment till rising of the court and to pay a fine of ₹ 1,36,319/-
Case Type
Criminal Case
Final Judgment
No
The court found Moidu M.K guilty of the charges under Section 138 of the Negotiable Instruments Act and sentenced him to imprisonment and a fine.
Why Plaintiff Won:
The cheque was duly executed and handed over by the accused for a legally enforceable debt.
The cheque was duly executed and handed over by the accused for a legally enforceable debt.
Losing Side's Weaknesses:
The accused failed to prove that he did not sign the cheque and did not adequately challenge the case against him.
The accused failed to prove that he did not sign the cheque and did not adequately challenge the case against him.
Supporting Evidence
The cheque was presented for payment and returned unpaid for insufficient funds. The complainant complied with all legal formalities.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹ 1,36,319/- (Rupees One Lakh Thirty Six Thousand Three Hundred and Nineteen Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chit and Finance Company Pvt Ltd.
- Party Role
- Defendant
- Party Name
- Moidu M.K
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Cheque No. 049705, Cheque return memo, Registered lawyer notice, Postal receipt, Returned Acknowledgment Card, Resolution of the complainant company, Certified copy of Power of Attorney, Agreement of Chitty No. G2H/8119/KDM/07, Computer Printout of accounts.
Defendants Documents
Aadhar Card of the Accused.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Siju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to undergo Simple Imprisonment and pay a fine.
Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹ 1,36,319/- (Rupees One Lakh Thirty Six Thousand Three Hundred and Nineteen Only) U/s. 138 of the Negotiable Instruments Act.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused in favor of the complainant as security for a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicated that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the accused to demand payment of the cheque amount after dishonor.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
It served as proof that the lawyer notice was sent to the accused.
Reference:
Ext.P4
Document Type:
Returned notice with Acknowledgment due
Submitted By:
Plaintiff
Relevance:
This document showed that the defendant did not claim the lawyer notice sent.
Reference:
Ext.P5
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Executed resolution of the complainant company authorizing representation in the case.
Reference:
Ext.P6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy proving that the witness was authorized to act on behalf of the complainant.
Reference:
Ext.P7
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement related to the chitty number where the accused defaulted payment.
Reference:
Ext.P8
Document Type:
Computer Printout
Submitted By:
Plaintiff
Relevance:
This printout provided details of the accused's transactions related to the chitty.
Reference:
Ext.P9
Document Type:
Voters list
Submitted By:
Plaintiff
Relevance:
Document providing the electoral ID details of the accused.
Reference:
Ext.P10
Document Type:
Online copy of the voters list
Submitted By:
Plaintiff
Relevance:
Online verification of the electoral details of the accused.
Reference:
Ext.P11
Document Type:
Aadhar Card
Submitted By:
Defendant
Relevance:
Submitted as evidence by the accused, corroborating their identity.
Reference:
Ext.D1
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 Sree Gokulam Chit and Finance Company Pvt Ltd. vs Moidu M.K regarding dishonor of cheque under NI Act
Case Code Year
Case between Sree Gokulam Chit and Finance Company Pvt Ltd. vs Moidu M.K regarding dishonor of cheque under NI Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
till rising of the court and to undergo Simple Imprisonment for a period of six months in default of payment