Case Summary
The complainant, Sumesh P. Kunjumon, filed a private complaint against the accused, Pramod, for dishonoring a cheque. The court found the accused guilty of committing the offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹50,000 to complainant
Case Type
Criminal Case
Final Judgment
No
The accused was convicted for the offence under section 138 of the Negotiable Instruments Act and was sentenced to pay a fine of ₹50,000 or undergo simple imprisonment for one month in default.
Why Plaintiff Won:
The complainant successfully established that the accused issued the cheque for a legally enforceable debt.
The complainant successfully established that the accused issued the cheque for a legally enforceable debt.
Losing Side's Weaknesses:
The complainant successfully established that the accused issued the cheque for a legally enforceable debt.
The complainant successfully established that the accused issued the cheque for a legally enforceable debt.
Supporting Evidence
It can be safely concluded that the accused has issued Exhibit P1 cheque in discharge of legally recoverable debt.
Judgment Evidence:
In the result, The accused is sentenced to pay a fine of ₹50,000/- (Rupees fifty thousand only). In default, the accused shall undergo simple imprisonment for a period of 1(one) month.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sumesh P. Kunjumon
- Party Role
- Defendant
- Party Name
- Pramod
- Relation
- S/o
Plaintiffs Documents
Exhibit P1: Cheque dated 31.08.2011 for ₹50,000/-
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varughese C.C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajin Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The complainant sought a fine from the accused as compensation for the dishonored cheque.
Evidence:
The accused is sentenced to pay a fine of ₹50,000/- (Rupees fifty thousand only).
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused shall undergo simple imprisonment in default of payment of the fine.
Evidence:
In default, the accused shall undergo simple imprisonment for a period of 1(one) month.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the accused towards repayment of the borrowed amount.
Reference:
P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document indicates that the cheque was dishonored due to insufficient funds.
Reference:
P2
Document Type:
Intimation
Submitted By:
Plaintiff
Relevance:
This document serves as an intimation related to the dishonor of the cheque.
Reference:
P3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the accused to inform him of the dishonor of the cheque.
Reference:
P4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of the dispatch of the lawyer's notice.
Reference:
P5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the lawyer's notice by the accused.
Reference:
P6
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
Case between Sumesh P. Kunjumon vs Pramod regarding dishonored cheque
Case Code Year
Case between Sumesh P. Kunjumon vs Pramod regarding dishonored cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1(one) month