Case Summary
The plaintiff, Suja.T.S., has filed a suit against the defendant, Babudas, for the recovery of Rs. 7,60,000/- which includes the amount borrowed and interest due to a dishonoured cheque. The case revolves around the loan amount and the circumstances of the cheque's issuance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.7,60,000/- with interest at the rate of 12% per annum from the date of decree till realization, with cost.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, awarding her Rs. 7,60,000/- plus interest at the rate of 12% per annum. The defendant was found liable for the cheque amount.
Why Plaintiff Won:
The evidence established that the defendant issued the cheque in discharge of a legally enforceable debt.
The evidence established that the defendant issued the cheque in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence and testimonies presented by the plaintiff clearly establish that the defendant issued the signed cheque (Ext.A1) for Rs. 7,30,000/- in favour of the plaintiff in discharge of a legally enforceable debt.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realize a sum of Rs.7,60,000/- (Rupees Seven Lakh Sixty Thousand only) from the defendant with interest at the rate of 12% per annum from the date of decree till realization, with cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suja.T.S.
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Babudas
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Original Cheque bearing No. 236037, Cheque Dishonour Memo, Office copy of Advocate Notice, Postal Receipts, Photocopy of Passport
Defendants Documents
Acknowledgment Card, Gold Loan Receipts issued by SBI, Reply of Advocate Notice, Postal Receipts
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P.Gopalakrishna Pillai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sheeja Kumari.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Manoj Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sheena Kumaran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of Rs. 7,60,000/- from the defendant along with interest.
Evidence:
Therefore, the plaintiff is entitled to recover the cheque amount with interests from the defendant, and the suit is liable to be decreed.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The defendant issued a cheque for Rs. 7,30,000/- to the plaintiff as part of the loan transaction.
Reference:
Ext.A1
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This document confirmed the dishonour of the cheque issued by the defendant due to insufficient funds.
Reference:
Ext.A2
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
The notice sent by the plaintiff to the defendant demanding payment after the dishonour of the cheque.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proves that the advocate notice was sent to the defendant.
Reference:
Ext.A4
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Establishes the absence of the plaintiff's husband during the alleged loan transaction.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Document acknowledged by the defendant.
Reference:
Ext.B1
Document Type:
Gold Loan Receipts
Submitted By:
Defendant
Relevance:
Demonstrates the financial transactions made by the defendant in raising funds.
Reference:
Ext.B2 to B5
Document Type:
Reply of Advocate Notice
Submitted By:
Defendant
Relevance:
The defendant's response to the plaintiff's advocate notice.
Reference:
Ext.B6
Document Type:
Copy of Plaint in OS. 364/2019
Submitted By:
Defendant
Relevance:
Related court documents filed by the defendant.
Reference:
Ext.B10
Document Type:
Statement of Accounts
Submitted By:
Defendant
Relevance:
Financial documentation from the defendant's side.
Reference:
Ext.B12
Document Type:
Certificate under section 2A(a) of the Bankers Book of Evidence Act, 1891
Submitted By:
Unknown
Relevance:
A third-party document relating to banking evidence.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
Case between Suja.T.S. vs Babudas regarding Realisation of Money.
Case Code Year
Case between Suja.T.S. vs Babudas regarding Realisation of Money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act