Case Summary
Sreejith K. P. is the complainant who alleges that Prakashan borrowed an amount of Rs.5,05,000/- and failed to repay it. A cheque issued towards repayment was dishonored, leading to this complaint under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹10,10,000/-.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of the offence under section 138 of the Negotiable Instruments Act for issuing a dishonored cheque. He has been sentenced to simple imprisonment and to pay a hefty fine.
Why Plaintiff Won:
The cheque issued for a legally enforceable debt was dishonored.
The cheque issued for a legally enforceable debt was dishonored.
Losing Side's Weaknesses:
The cheque issued for a legally enforceable debt was dishonored.
The cheque issued for a legally enforceable debt was dishonored.
Supporting Evidence
The documents marked as Ext.P1 to P6 established the existence of a loan, and the accused failed to provide enough evidence to discredit the complainant's version.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 10,10,000/- (Rupees Ten Lakhs Ten Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreejith K. P.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prakashan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, Cheque No.506641 for Rs.5,05,000/-, Memo from State Bank of India, Office copy of Registered Lawyer Notice, Postal Receipt, Postal Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Renil N.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Haridas Thykkandi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vishnujith K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹10,10,000/- (Rupees Ten Lakhs Ten Thousand Only).
Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 10,10,000/- (Rupees Ten Lakhs Ten Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
Default of payment of fine shall result in Simple Imprisonment for six months.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original of Power of Attorney given by complainant to Mr. Jishnu Vijayan proved through PW1.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No.506641 for Rs.5,05,000/- of SBI, Ulikkal Branch proved through PW1.
Reference:
Ext.P2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo issued from State Bank of India, Kuttiady Branch proved through PW1.
Reference:
Ext.P3
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Registered Lawyer Notice proved through PW1.
Reference:
Ext.P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal Receipt proved through PW1.
Reference:
Ext.P5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal Acknowledgment Card proved through PW1.
Reference:
Ext.P6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account of PW1.
Reference:
Ext.P7
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Statement of Account of accused.
Reference:
Ext.P8
Document Type:
Account Opening Form
Submitted By:
Defendant
Relevance:
Account opening form of the accused.
Reference:
Ext.P9
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 Sreejith K. P. vs Prakashan regarding Negotiable Instruments Act violation
Case Code Year
Case between Sreejith K. P. vs Prakashan regarding Negotiable Instruments Act violation
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months