Case Summary
Sujith, the complainant, is claiming that Rajendran issued a cheque for Rs.1,84,000, which was dishonored. The court found Rajendran guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
To undergo Simple Imprisonment till rising of the court and to pay a fine of ₹3,68,000.
Case Type
Criminal Case
Final Judgment
No
The court found Rajendran guilty of dishonoring the cheque and imposed a fine along with a sentence.
Why Plaintiff Won:
The cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
The cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Losing Side's Weaknesses:
The cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
The cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Supporting Evidence
The execution of the cheque is proved before this court. The accused has not produced any evidence to set up a probable defence.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 3,68,000/- (Rupees Three Lakh Sixty Eight Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujith S/o Surendran
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajendran S/o Palayyan
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
True Copy of partnership deed, Cheque No.598584 for Rs.1,84,000, Memo issued from Bank of India, Copy of Registered Lawyer Notice, Postal Receipt, Postal Acknowledgment Card, Reply Notice.
Defendants Documents
Complaint made before Parashala police station, Receipt, Copy of Complaint before the Superintendent of Police, Certified Copy of FIR.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. M. Rajagopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adeeb Salah
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Lathesh V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jyothi C. T.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Conviction and imposition of fine as compensation due to non-payment of the cheque amount.
Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 3,68,000/- (Rupees Three Lakh Sixty Eight Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
Simple Imprisonment for non-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 issued by the accused towards balance amount outstanding from accused to the complainant.
Reference:
Ext.P2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo issued from the bank showing that the cheque was returned due to insufficient funds.
Reference:
Ext.P3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of Registered Lawyer Notice sent to the accused intimating the default.
Reference:
Ext.P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the legal notice sent to the accused.
Reference:
Ext.P5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for receipt of legal notice by the accused.
Reference:
Ext.P6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by the accused in response to the legal notice.
Reference:
Ext.P7
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
True copy of partnership deed entered into by the complainant and Abdurahiman.
Reference:
Ext.P1
Document Type:
GST Statement
Submitted By:
Plaintiff
Relevance:
GST statement relevant to the transaction between complainant and accused.
Reference:
Ext.P9
Document Type:
GST Bill
Submitted By:
Plaintiff
Relevance:
GST bill related to the transactions for which the cheque was issued.
Reference:
Ext.P10
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Sujith S/o Surendran vs Rajendran regarding dishonor of cheque
Case Code Year
Case between Sujith S/o Surendran vs Rajendran regarding dishonor of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months