Case Summary
This case involves a complaint by Sree. Gokulam Chit & Finance Co. Pvt. Ltd against Mohammed Faisal. P.K for an offence under section 138 of the Negotiable Instruments Act. The accused issued a cheque that was dishonored, leading to the complaint.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
null
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty under section 138 of the Negotiable Instruments Act, sentenced to imprisonment, and directed to pay compensation to the complainant.
Why Plaintiff Won:
The complainant successfully proved that the accused issued a dishonored cheque in discharge of a legally enforceable liability.
The complainant successfully proved that the accused issued a dishonored cheque in discharge of a legally enforceable liability.
Losing Side's Weaknesses:
The complainant successfully proved that the accused issued a dishonored cheque in discharge of a legally enforceable liability.
The complainant successfully proved that the accused issued a dishonored cheque in discharge of a legally enforceable liability.
Supporting Evidence
null
Judgment Evidence:
null
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chit & Finance Co-Pvt. Ltd
- Relation
- Represented by N.T Rajeesh, Business Manager
- Party Role
- Defendant
- Party Name
- Mohammed Faisal. P.K
Plaintiffs Documents
True copy of the Resolution, Cheque No.122707, Memo, Intimation, Copy of Lawyer notice, Postal Receipt, Lawyer Notice Returned, Chit No. G2G/3577/07 (Monthly Ledger Extract), Promissory Note
Defendants Documents
Advocates
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Accused found guilty, sentenced to pay compensation of Rs.149,500/-
Evidence:
Court order directs payment under section 357(3) of Cr.P.C
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Authorize PW1 to represent Complainant Company
Reference:
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by accused towards liability, returned with 'Funds Insufficient'
Reference:
122707
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Reason note by Federal Bank regarding cheque bounce
Reference:
Document Type:
Intimation
Submitted By:
Plaintiff
Relevance:
Received from South Indian Bank about cheque return
Reference:
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Informing accused about dishonour of cheque
Reference:
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending lawyer notice
Reference:
Document Type:
Monthly Ledger Extract
Submitted By:
Plaintiff
Relevance:
Details of amount due from accused
Reference:
Chit No. G2G/3577/07
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document marked as evidence
Reference:
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Sree Gokulam Chit & Finance Co-Pvt. Ltd et al vs Mohammed Faisal. P.K regarding U/s 138 of the Negotiable Instrument Act
Case Code Year
Case between Sree Gokulam Chit & Finance Co-Pvt. Ltd et al vs Mohammed Faisal. P.K regarding U/s 138 of the Negotiable Instrument Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
2 months