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ST 106/2019

Case between S.Supriyakumar vs B.Shinu @ Shinu.B.Krishnan regarding dishonor of cheques under Negotiable Instruments Act

Court
Judicial Magistrate First Class – IV, Kollam
Judge
Smt. Ragi.S
Order Date
2025-04-23
Duration
approximately-9 years 4 months 11 days
Case Code No.
106
Case Closed
Wed, 04/23/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kollam District
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Tue, 01/12/2016 - 12:00
Case Closed
Wed, 04/23/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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