Case Summary
This is a complaint filed by Thomas C Kondody against Mohandas alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The complaint involves a dishonoured cheque issued by the accused in discharge of a debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of ₹1,00,000/- to the complainant
Case Type
Criminal Case
Final Judgment
No
The accused Mohandas is found guilty of committing the offence under Section 138 of the Negotiable Instruments Act. He is sentenced to simple imprisonment for one month and directed to pay compensation of ₹1,00,000/- to the complainant.
Why Plaintiff Won:
The statutory requirements under Section 138 of the Negotiable Instruments Act stand satisfied.
The statutory requirements under Section 138 of the Negotiable Instruments Act stand satisfied.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Once the execution of the cheque is admitted, the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act arise in favour of the holder of the cheque. The defence has failed to rebut the statutory presumptions even on the standard of preponderance of probabilities.
Judgment Evidence:
In the result; the accused is convicted under section 255(2) Cr.PC. The accused is sentenced to simple imprisonment for one month. The accused is directed to pay 1,00,000/- (Rupees One Lakh only) as compensation to the complainant under Section 357(1) CrPC, together with interest at 9% per annum from the date of cheque till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas C Kondody
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohandas
Plaintiffs Documents
Cheque dated 08-06-2020, Dishonour memo dated 09-06-2020, Copy of the lawyers notice dated 26-06-2020.
Defendants Documents
Copy of reply notice
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K C Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajith C George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The accused is directed to pay 1,00,000/- as compensation to the complainant.
Evidence:
The accused is directed to pay 1,00,000/- (Rupees One Lakh only) as compensation to the complainant under Section 357(1) CrPC, together with interest at 9% per annum from the date of cheque till realisation.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
The accused is sentenced to simple imprisonment for one month.
Evidence:
The accused is sentenced to simple imprisonment for one month.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
In default of payment of compensation, the accused shall undergo simple imprisonment for one month.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for one month.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque dated 08-06-2020 was issued by the accused towards discharge of a legally enforceable debt.
Reference:
Ext.P1
Document Type:
Dishonour memo
Submitted By:
Unknown
Relevance:
The dishonour memo proves that the cheque was dishonoured for insufficiency of funds.
Reference:
Ext.P2
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
The statutory notice demanding the cheque amount was duly served on the accused.
Reference:
Ext.P3
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
The reply notice was referenced in the defence but contains admissions regarding the transaction.
Reference:
Ext.D1
Document Type:
Certificate
Submitted By:
Court
Relevance:
The certificate by the branch in charge confirms the dishonour of the cheque due to lack of funds.
Reference:
Ext.X1
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
2022
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month