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
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.
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
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