Case Summary
The complainant, Suresh N.K., filed a private complaint against Janardhanan for issuing a dishonored cheque. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Simple Imprisonment till rising of the court and fine of ₹19,65,000.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of the offence under Section 138 of the NI Act and sentenced to imprisonment and a fine.
Why Plaintiff Won:
The complainant proved all necessary elements under Section 138 of the NI Act.
The complainant proved all necessary elements under Section 138 of the NI Act.
Losing Side's Weaknesses:
The complainant proved all necessary elements under Section 138 of the NI Act.
The complainant proved all necessary elements under Section 138 of the NI Act.
Supporting Evidence
From the above discussions it is established that the complainant has made out a prima facie case in his favour.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹19,65,000/- (Rupees Nineteen Lakhs Sixty Five Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh N.K.
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Janardhanan
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Cheque No. 051933, Return Memo, Registered Lawyer Notice, Postal Receipt, Acknowledgment Card, Reply Notice
Defendants Documents
Account Statement, Tax invoice No.7, Tax invoice No.8, Receipt issued by C. Gopakumar
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Reghunath K.M.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Rajesh Khanna
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to undergo Simple Imprisonment and pay a fine.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹19,65,000/- (Rupees Nineteen Lakhs Sixty Five Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
In default of payment of fine, the accused shall undergo Simple Imprisonment for six months.
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:
The cheque dated 07.12.2022 for Rs.9,82,500/- was issued by the accused to the complainant in discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The return memo dated 27.12.2022 indicates that the cheque was dishonored due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The registered lawyer notice dated 04.01.2023 was sent to notify the accused about the default in payment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt dated 04.01.2023 is proof of sending the lawyer notice.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card dated 05.01.2023 confirms the receipt of the lawyer notice by the accused.
Reference:
Ext.P5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice dated 19.01.2023 from the accused denying liability.
Reference:
Ext.P6
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
The account statement was marked to show the status of the accused's bank account.
Reference:
Ext.D1
Document Type:
Tax Invoice
Submitted By:
Defendant
Relevance:
The tax invoice was produced as evidence by the defendant concerning the transactions.
Reference:
Ext.D2
Document Type:
Tax Invoice
Submitted By:
Defendant
Relevance:
Another tax invoice provided by the defendant related to the financial transactions.
Reference:
Ext.D3
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
The receipt issued by C. Gopakumar, presented by the defendant as part of the defence.
Reference:
Ext.D4
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Suresh N.K. vs Janardhanan regarding dishonor of cheque
Case Code Year
Case between Suresh N.K. vs Janardhanan 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