Case Summary
This case involves a complaint filed by Sreeju against Mahesh V. K. for dishonoring a cheque issued in repayment of a loan. 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 3,00,000/- (Rupees Three Lakhs Only)
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of dishonoring a cheque and was sentenced to imprisonment and a fine.
Why Plaintiff Won:
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Losing Side's Weaknesses:
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
The complainant proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Supporting Evidence
The complainant has established the initial burden considering that the cheque was dishonored for insufficient funds and the accused admitted his signature on 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 3,00,000/- (Rupees Three Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreeju
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mahesh V. K.
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Cheque No.1108290 dated 23.11.2022, Receipt of cheque presented at Canara Bank, Return Memo for Funds Insufficient, Registered Lawyer Notice, Postal Receipt, Acknowledgment Card, Agreement between Complainant and Accused
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. P. Vimesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is ordered to pay a fine of Rs. 3,00,000/- as damages.
Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 3,00,000/- (Rupees Three Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused shall undergo Simple Imprisonment for six months in default of payment of fine.
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:
Cheque executed by the accused in favor of the complainant for the repayment of a legally enforceable debt.
Reference:
Exhibit P1/PW1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the cheque presented at Canara Bank.
Reference:
Exhibit P2/PW1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing the cheque was returned due to insufficient funds.
Reference:
Exhibit P3/PW1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Registered lawyer notice sent to the accused informing about the cheque dishonor.
Reference:
Exhibit P4/PW1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer notice sent to the accused.
Reference:
Exhibit P5/PW1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card showing the accused received the lawyer notice.
Reference:
Exhibit P6/PW1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between the complainant and the accused outlining the repayment terms.
Reference:
Exhibit P7/PW1
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 Sreeju vs Mahesh V. K. regarding dishonor of cheque under N.I. Act
Case Code Year
Case between Sreeju vs Mahesh V. K. regarding dishonor of cheque under N.I. Act
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months