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
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.
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
Plaintiffs
Sree Gokulam Chit & Finance Co-Pvt. Ltd (Age not specified years)
No.66 Arcot Road, Chennai-24
Defendants
Saheera Banu. K.C (Age not specified years)
Kadavath, Cherayaparambil House, Vettom P.O, Pachattiri, Tirur Taluk, Malappuram Pin 676 105
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