Case Summary
The plaintiff, Suseela, has filed a suit against the defendant, Sreelatha, for the realization of money lent. The case revolves around a dishonoured cheque issued by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs. 4,62,200/- along with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing her to realize an amount of Rs. 4,62,200/- with interest and costs.
Why Plaintiff Won:
The plaintiff succeeded in proving her case by producing credible evidence and there was no rebuttal from the defendant.
The plaintiff succeeded in proving her case by producing credible evidence and there was no rebuttal from the defendant.
Losing Side's Weaknesses:
The plaintiff succeeded in proving her case by producing credible evidence and there was no rebuttal from the defendant.
The plaintiff succeeded in proving her case by producing credible evidence and there was no rebuttal from the defendant.
Supporting Evidence
By producing Exts.A1 to A5 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, The suit is decreed and the plaintiff is entitled to realise an amount of Rs.4,62,200/- (Rupees Four Lakhs Sixty Two Thousand and Two Hundred Only) together with interest at the rate of 6 % per annum from the date of suit till the realization from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suseela
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreelatha
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Original cheque No. 499107, Dishonour memo, Office copy of lawyer’s notice, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreekumaran Pillai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sruthi Suresh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M. Saraswathy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suresh Kumar. S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jairam Gopal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount of Rs. 4,62,200/- along with interest.
Evidence:
The suit is decreed and the plaintiff is entitled to realise an amount of Rs.4,62,200/- together with interest at the rate of 6 % per annum from the date of suit till the realization from the defendant and her assets, with costs.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was issued by the defendant for the borrowed amount.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The memo indicating that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice sent by the plaintiff demanding repayment of the amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The receipt showing that the notice was sent through postal service.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The card acknowledging that the defendant received the notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
Case between Suseela vs Sreelatha regarding realization of money
Case Code Year
Case between Suseela vs Sreelatha regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act