Case Summary
Sree Gokulam Chit & Finance Co-Pvt. Ltd filed a complaint against Saheera Banu. K.C for the dishonor of a cheque issued to discharge a debt. The accused was found guilty under section 138 of the Negotiable Instruments Act and convicted.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.126,900/-
Case Type
Criminal Case
Final Judgment
No
The accused, Saheera Banu. K.C, was found guilty of issuing a cheque that was dishonored due to insufficient funds. The court sentenced her to pay compensation and undergo imprisonment if the amount is not paid.
Why Plaintiff Won:
The complainant proved the issuance and dishonor of the cheque and complied with all statutory requirements.
The complainant proved the issuance and dishonor of the cheque and complied with all statutory requirements.
Losing Side's Weaknesses:
The complainant proved the issuance and dishonor of the cheque and complied with all statutory requirements.
The complainant proved the issuance and dishonor of the cheque and complied with all statutory requirements.
Supporting Evidence
The complainant has successfully established that the accused has executed and issued Ext.P2 cheque in discharge of legally enforceable liability of Rs.126,900/- to the complainant and that the accused has committed an offence punishable u/s.138 of the Negotiable Instruments Act by non-payment.
Judgment Evidence:
In the result, accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.126,900/- (Rupees One Lakh Twenty Six Thousand and Nine Hundred only) under section 357(3) of the Code of Criminal Procedure for the offence punishable under section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chit & Finance Co-Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Saheera Banu. K.C
- Relation
- W/o
Plaintiffs Documents
True copy of the Resolution, Cheque No.492926 for Rs.126,900/-, Memo issued by the State Bank of Travancore, Intimation received from Corporation Bank, Copy of Lawyer notice, Postal Receipt, Postal Acknowledgement, Agreement, Chit No. G2G/3464/14 (Monthly Ledger Extract)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jithesh. N.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid to the complainant for the dishonoured cheque.
Evidence:
The Accused is found guilty and convicted for an offence punishable u/s 138 of the Negotiable Instrument Act and sentenced to pay compensation of Rs.126,900/- (Rupees One Lakh Twenty Six Thousand and Nine Hundred only) to the complainant.
Relief Type:
Injunction
Outcome:
Granted
Description:
Imprisonment in default of payment of the compensation amount.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a period of 2 months.
Documents & Evidence
Document Type:
Checque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused towards the discharge of a legally enforceable debt.
Reference:
Ext.P2
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
The resolution authorized the Business Manager to represent the complainant in court.
Reference:
Ext.P1
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
The memorandum indicated the reason for the cheque being returned unpaid.
Reference:
Ext.P3
Document Type:
Intimation
Submitted By:
Plaintiff
Relevance:
The intimation was received from the bank regarding the dishonour of the cheque.
Reference:
Ext.P4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the accused demanding payment for the dishonoured cheque.
Reference:
Ext.P5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
It provided evidence of sending the original notice.
Reference:
Ext.P6
Document Type:
Postal Acknowledgement
Submitted By:
Plaintiff
Relevance:
The acknowledgment card evidences the service of the statutory notice on the accused.
Reference:
Ext.P7
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement pertains to the chit in which the accused subscribed.
Reference:
Ext.P8
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
The ledger extract shows the amounts involved in the chit subscription.
Reference:
Ext.P9
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 vs Saheera Banu. K.C regarding dishonor of cheque under Negotiable Instrument Act.
Case Code Year
Case between Sree Gokulam Chit & Finance Co-Pvt. Ltd vs Saheera Banu. K.C regarding dishonor of cheque under Negotiable Instrument Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
2 months