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
Judgment Favored
Plaintiff
Relief Granted
Compensation and Imprisonment
Case Type
Criminal Case - Negotiable Instruments Act
Final Judgment
No
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.
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.
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
Plaintiffs
Suresh Babu (34 years)
Alumthodi House, Valiyakunnu.P.O, Valancheri, Tirur Taluk, Malappuram District
Defendants
Nisar U.T (28 years)
Ullirithodi House, Karekad. P.O. Near Raheemaya Masid, Kadampuzha, Valancheri Police station Limit
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