Case Summary
Gokulam Chit & Finance Co. filed a complaint against Mohammed Riyas for dishonouring a cheque issued to repay a chit amount due by a subscriber. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.1,44,065/- and 1 month simple imprisonment
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Final Judgment
No
The accused is found guilty of dishonouring the cheque and sentenced to pay a fine of Rs.1,44,065/- or undergo simple imprisonment for 1 month.
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Losing Side's Weaknesses:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Supporting Evidence
Not available
Judgment Evidence:
The accused is convicted and sentenced to pay an amount of Rs.1,44,065/- fine and in default he shall undergo simple imprisonment for a period of 1 month.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chit & Finance Co-Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohammed Riyas
- Relation
- S/o Abu
Plaintiffs Documents
Attested copy of the Resolution, Original cheque, Cheque dishonour Memo, Intimation received, Lawyer Notice, Postal receipt, Postal Acknowledgement, Monthly Ledger Extract, Promissory Note
Defendants Documents
Certificate of Marriage issued by Tanur Grama Panchayath
Advocates
Reliefs
Relief Type:
Fine and Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to pay a fine of Rs.1,44,065/- and undergo simple imprisonment for 1 month
Evidence:
The accused is convicted and sentenced to pay an amount of Rs.1,44,065/- fine and in default he shall undergo simple imprisonment for a period of 1 month.
Documents & Evidence
Document Type:
Various
Submitted By:
Plaintiff
Relevance:
Documents submitted by the plaintiff including cheque, lawyer notice, promissory note, etc.
Reference:
Ext.P1 to Ext.P9
Document Type:
Certificate of Marriage
Submitted By:
Defendant
Relevance:
Certificate of Marriage issued by Tanur Grama Panchayath.
Reference:
Ext. D1
Case Classification
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Sree Gokulam Chit & Finance Co-Pvt. Ltd. vs Mohammed Riyas regarding dishonour of cheque
Case Code Year
Case between Sree Gokulam Chit & Finance Co-Pvt. Ltd. vs Mohammed Riyas regarding dishonour of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month