Case Summary
Sreejith Kumar K.P. filed a private complaint against Satheesh M. for the dishonor of a cheque issued for a loan amount of Rs. 3,00,000. The court found the accused guilty under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹6,00,000/-.
Case Type
Criminal Case
Final Judgment
No
The accused is convicted for committing the offence under section 138 of the Negotiable Instruments Act. He was sentenced to simple imprisonment and fined.
Why Plaintiff Won:
The complainant established a legally enforceable debt was created with supporting evidence.
The complainant established a legally enforceable debt was created with supporting evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant's evidence was consistent and supported by documentary evidence proving the issuance and dishonor of the cheque.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹6,00,000/- (Rupees Six Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreejith Kumar K.P.
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Satheesh M.
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Cheque dated 06.12.2021, Cheque Return Memo dated 07.12.2021, Registered Lawyer Notice dated 27.12.2021.
Defendants Documents
Statement of Account from 24.06.2021 to 24.06.2021.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Sujanapal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of Rs.6,00,000/-.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 6,00,000 ₹/- (Rupees Six Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of 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:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused to the complainant is the basis for the claim under Section 138 of the Negotiable Instruments Act.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo indicates that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the accused after the cheque was dishonored.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Another postal receipt proving the dispatch of the notice.
Reference:
Ext.P5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer's notice by the accused.
Reference:
Ext.P6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The accused's response denying the allegations after receiving the lawyer's notice.
Reference:
Ext.P7
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 Kumar K.P. vs Satheesh M. regarding a cheque dishonor under the Negotiable Instruments Act.
Case Code Year
Case between Sreejith Kumar K.P. vs Satheesh M. regarding a cheque dishonor under the Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months