Case Summary
The complainant S.Supriyakumar filed a complaint against B.Shinu @ Shinu.B.Krishnan alleging that the accused defaulted on repayment for cheques issued against a borrowed loan. The court found the accused guilty of the offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,74,344 and one month simple imprisonment.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty and sentenced him to one month of simple imprisonment and required him to pay compensation of Rs.1,74,344 to the complainant.
Why Plaintiff Won:
The complainant proved the execution and issuance of cheques for a legally enforceable debt.
The complainant proved the execution and issuance of cheques for a legally enforceable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant succeeded in proving the execution and issuance of Exts.P1, P2 and P3 cheques. Therefore, the presumption U/s 139 of the NI Act can be drawn in favour of the complainant.
Judgment Evidence:
In the result, the accused is found guilty of the offence punishable U/s 138 of the NI Act and he is convicted as there under. The accused is sentenced U/s 255 (2) of Cr.Pc and sentenced to undergo simple imprisonment to the period of one month and to pay a compensation of Rs.1,74,344/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S.Supriyakumar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- B.Shinu @ Shinu.B.Krishnan
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Cheques P1, P2, P3, Dishonour memo P4, Advocate notice P5, Acknowledgment card P6
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Maranadu.G.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sushama Babu.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.G.Jayan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid to the complainant.
Evidence:
The accused is sentenced to pay a compensation of Rs.1,74,344/- to the complainant.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment for the accused.
Evidence:
The accused is sentenced to undergo simple imprisonment for the period of one month.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Imprisonment in default of payment of compensation.
Evidence:
In default of payment of which simple imprisonment for a term of three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This document indicates that the cheques were dishonoured due to insufficient funds.
Reference:
Ext.P4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the accused demanding repayment after the dishonour of the cheques.
Reference:
Ext.P5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the accused received the legal notice.
Reference:
Ext.P6
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provides a record of transactions relevant to the case.
Reference:
Ext.P7
Document Type:
Specimen Signature
Submitted By:
Plaintiff
Relevance:
This document was used to verify the signature of the accused on the cheques.
Reference:
Ext.P8
Document Type:
Account Opening Form
Submitted By:
Plaintiff
Relevance:
This document verifies the details of the bank account from which the cheques were drawn.
Reference:
Ext.P9
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
ST
Case Code Year
2019
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month