Case Summary
Thomas Mathew, the complainant, accused Geemon Kurian of issuing dishonoured cheques. The court found Geemon guilty of an offence under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The entire fine amount of 4,50,000/- shall be paid to the Complainant as compensation.
Case Type
Criminal Case
Final Judgment
No
The accused was found guilty of dishonouring cheques and was sentenced to two months in prison and a fine of 4,50,000/-.
Why Plaintiff Won:
The complainant proved that the cheques were issued in discharge of a legally enforceable debt.
The complainant proved that the cheques were issued in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1, corroborated in material particulars by PW2, and supported by the statutory presumption, establishes that the cheques were issued towards a liability arising out of financial dealings between the parties.
Judgment Evidence:
In the result, the Accused is convicted under Section 255(2) Cr.P.C. (1) He is sentenced to undergo simple imprisonment for a period of two (2) months and to pay a fine of 4,50,000/- (Rupees Four Lakh Fifty Thousand only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas Mathew
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Geemon Kurian
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.153863 dated 07.12.2018, Cheque bearing No.153862 dated 22.10.2018, Bank dishonour memo dated 19.11.2018, Copy of notice dated 01.12.2018, Postal receipt evidencing dispatch of notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Praveen CM
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Madhavan Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid to the complainant as per Section 357(1)(b) Cr.P.C.
Evidence:
The entire fine amount of 4,50,000/- shall be paid to the Complainant as compensation under Section 357(1)(b) of the Code of Criminal Procedure.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Sentenced to undergo simple imprisonment.
Evidence:
He is sentenced to undergo simple imprisonment for a period of two (2) months.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Required to pay a fine.
Evidence:
He is sentenced to pay a fine of 4,50,000/-.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by the accused towards repayment of amounts due to the complainant.
Reference:
Exhibit A1 series
Document Type:
Bank dishonour memo
Submitted By:
Plaintiff
Relevance:
Proves that the cheques were dishonoured due to insufficient funds.
Reference:
P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Served on the accused demanding payment of cheque amounts.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of dispatch of notice to the accused.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proves receipt of notice by the accused.
Reference:
P5
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
2 months