Case Summary
The case involves a complaint filed by the complainant Thomas C Kondody against Jonson M Varkey for dishonouring a cheque of ₹25,00,000. The court found the accused guilty under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The complainant is entitled to ₹25,00,000 as compensation and interest at the rate of 6% per annum on the cheque amount from the date of the cheque until realization.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and was sentenced to three months of simple imprisonment and a fine of ₹25,00,000.
Why Plaintiff Won:
The complainant proved that the cheque was issued towards repayment of a legally enforceable debt and was dishonoured for insufficient funds.
The complainant proved that the cheque was issued towards repayment of a legally enforceable debt and was dishonoured for insufficient funds.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The complainant has successfully proved that Exhibit P1 cheque was issued towards repayment of ₹25,00,000. The cheque was dishonoured for 'Funds Insufficient' and despite due notice, the accused failed to make payment.
Judgment Evidence:
In the result: In view of the above findings, the accused is found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas C Kondody
- Party Role
- Defendant
- Party Name
- Jonson M Varkey
Plaintiffs Documents
Cheque No.673329 dated 13.03.2019, Notice dated 08.05.2019, Lawyer’s notice dated 10.05.2019, Postal receipt, A/D Card.
Defendants Documents
Statement of accounts, Certification.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johnson M Varkey
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jaison Palayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Accused is ordered to pay a fine of 25,00,000/- to the complainant.
Evidence:
The accused shall pay a fine of 25,00,000/- (Rupees Twenty-Five Lakhs) and in default of payment of fine, the accused shall undergo simple imprisonment for a further period of three (3) months.
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation awarded to the complainant from the fine amount.
Evidence:
Out of the fine amount, a sum of 25,00,000/- (Rupees Twenty-Five Lakhs) shall be paid to the complainant as compensation under Section 357(1)(b) Cr.P.C.
Relief Type:
Punishment
Outcome:
Granted
Description:
Accused sentenced to simple imprisonment.
Evidence:
The accused shall undergo simple imprisonment for three (3) months.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the cheque amount awarded until realization.
Evidence:
The complainant shall also be entitled to interest at the rate of 6% per annum on the cheque amount from the date of the cheque until realization.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused was dishonoured for insufficient funds.
Reference:
P1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The notice issued by the complainant regarding the dishonoured cheque.
Reference:
P2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Statutory notice sent to the accused regarding payment of the cheque.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the statutory notice.
Reference:
P4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of delivery of the statutory notice to the accused.
Reference:
P5
Document Type:
Statement of Accounts
Submitted By:
Defendant
Relevance:
Document produced by the defense relating to financial transactions.
Reference:
X1
Document Type:
Certification
Submitted By:
Defendant
Relevance:
Certification related to the financial transactions in question.
Reference:
X1(a)
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2020
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months