Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
ST.10/2014

Case between Suresh Babu vs Nisar U.T regarding dishonour of cheque

Court
Court of Judicial First Class Magistrate-II, Tirur
Judge
Sri.Biju. V.G
Order Date
2014-10-08
Duration
1 year 5 months 28 days
Case Code No.
10
Case Closed
Wed, 10/08/2014 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Complainant filed a case against the accused for dishonouring a cheque issued towards a legally recoverable debt. Accused was found guilty and sentenced to imprisonment and compensation.

Judgment Outcome

Plaintiff Won
Interim Order
Accused found guilty of dishonouring a cheque and sentenced to imprisonment and payment of compensation to the complainant.
Judgment Favored
Plaintiff
Relief Granted
Compensation and Imprisonment
Case Type
Criminal Case - Negotiable Instruments Act
Final Judgment
No
Accused found guilty of dishonouring a cheque and sentenced to imprisonment and payment of compensation to the complainant.
Why Plaintiff Won:
The accused failed to provide evidence to prove his defense of non-issuance of the cheque or repayment. Complainant established execution of the cheque and legally enforceable debt.
Losing Side's Weaknesses:
Not available
Supporting Evidence
On the basis of foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of legally enforceable debt of Rs.4,00,000/- to the complainant.

Judgment Evidence:

In the result, the accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of 3 months and is directed to pay compensation of Rs.4,50,000/- to the complainant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Suresh Babu
Party Age
34
Party Role
Defendant
Party Name
Nisar U.T
Party Age
28
Relation
S/o Kunjheethu Haji
Plaintiffs Documents
Ext.P1 - Cheque Rs.4,00,000, Ext.P2 - Memo by S.B.T., Ext.P4 - Lawyer notice, Ext.P7 - Written statement in O.S.351/2013
Defendants Documents
Ext. D1 - Certified copy of agreement

Advocates

Reliefs

Relief Type: Compensation
Outcome: Granted
Description:
Accused directed to pay compensation of Rs.4,50,000/- to the complainant
Evidence:
In the result, the accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of 3 months and is directed to pay compensation of Rs.4,50,000/- to the complainant.
Relief Type: Imprisonment
Outcome: Granted
Description:
Accused sentenced to undergo simple imprisonment for a period of 3 months
Evidence:
In the result, the accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of 3 months and is directed to pay compensation of Rs.4,50,000/- to the complainant.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Dated:16/03/2013 - Cheque Rs.4,00,000/-
Reference:
Ext.P1
Document Type: Memo
Submitted By: Plaintiff
Relevance:
Dated:18/03/2013 - Memo by S.B.T, Valancheri Branch
Reference:
Ext.P2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Dated:23/03/2013 - Lawyer notice
Reference:
Ext.P4
Document Type: Written Statement
Submitted By: Plaintiff
Relevance:
Dated 17/01/2014 - Written statement in O.S.351/2013
Reference:
Ext.P7
Document Type: Certified Copy
Submitted By: Defendant
Relevance:
Dated 3.1.3013 - Certified copy of agreement
Reference:
Ext. D1

Case Classification

Case Type
Criminal Case - Negotiable Instruments Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
ST.
Case Code Year
2014

Case Flags

Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
3 months

Quick Facts

Location
Tirur, Malappuram District
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 03/16/2013 - 12:00
Case Closed
Wed, 10/08/2014 - 12:00
From
Wed, 10/01/2014 - 12:00
To
Fri, 10/31/2014 - 12:00
Outcome Confidence
%

Involved Entities

Private Individual

Similar Cases

Case between Shajahan vs Noushad Babu regarding dishonored cheque
Court of Judicial First Class Magistrate-II, Tirur
Criminal Case - Cheque Bounce Defendant Won
Case between K.P. Kabeer vs Shajahan Babu regarding dishonoured cheque
Court of Judicial First Class Magistrate - II, Tirur
Criminal Case - N.I. Act - Cheque Dishonour Defendant Won
Case between Shahul Hameed vs K Kunjimon regarding Cheque Dishonour
Court of Judicial First Class Magistrate-II
Criminal Case - Cheque Dishonour Defendant Won
Case between Jamsheer vs Sulaiman regarding dishonoured cheque under Section 138 of N.I. Act
Court of Judicial First Class Magistrate -II
Criminal Case - U/s 138 of N.I. Act Defendant Won
Case between Haris.T.E. vs Semeer regarding cheque dishonour
Court of Judicial First Class Magistrate-II, Tirur
Civil Suit - Cheque Dishonour Plaintiff Won