Case Summary
The complainant, S.Supriyakumar, accused B.Shinu of failing to repay a loan. The case involves the dishonor of cheques issued by the accused as repayment for the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,28,464/- to the complainant
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty and sentenced to one month of simple imprisonment and a fine of Rs.1,28,464/- as compensation to the complainant.
Why Plaintiff Won:
The complainant proved the execution and issuance of cheques for the purpose of discharging a legally enforceable debt.
The complainant proved the execution and issuance of cheques for the purpose of discharging a legally enforceable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence adduced in this case through the said documents proves that the complainant had presented the cheques for collection within time and thereafter, on its dishonour Ext. P5 notice was given to the accused within 15 days from the date of dishonour.
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.
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
P1 Cheque No.587366 dated 10/09/2015, P2 Cheque No.191539 dated 10/09/2015, P5 Advocate notice dated 25/11/2015
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 of Rs.1,28,464/- to the complainant.
Evidence:
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.1,28,464/-.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Simple imprisonment for a period of one month and additional three months in case of default of payment.
Evidence:
In default of payment of which simple imprisonment for a term of three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved by PW1 as evidence in support of the complaint.
Reference:
P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proved by PW1 as evidence in support of the complaint.
Reference:
P2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Proved by PW1 indicating the cheques were dishonoured.
Reference:
P3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Proved by PW1 indicating the cheques were dishonoured.
Reference:
P4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Proved by PW1 showing that demand for repayment was made.
Reference:
P5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proved by PW1 showing that the legal notice was served to the accused.
Reference:
P6
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