Case Summary
Ummar Farooq filed a complaint against Sanil for dishonour of a cheque amounting to Rs. 389,714 issued in relation to a financial transaction. The court found Sanil guilty under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs. 389,714
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
The court found sufficient evidence that Sanil issued the cheque in discharge of a legally enforceable debt.
The court found sufficient evidence that Sanil issued the cheque in discharge of a legally enforceable debt.
Judgment Evidence:
In the result, the accused is sentenced to suffer imprisonment till the raising of the Court and to pay compensation of Rs.389,714/- (Rupees Three Lakh Eighty Nine Thousand Seven Hundred and Fourteen Only) under section 357(3) of the Code of Criminal Procedure for the offence punishable under section 138 of the Negotiable Instruments Act.
Parties Involved
Plaintiffs
Ummar Farooq (33 years)
Parayil House, Marakkara Amsom Melmuri Desom, Kadampuzha. P.O, Tirur Taluk, Malappuram 676 553
Defendants
Sanil (40 years)
Thiruvangatt House, P.O Ozhur, Thanalur Via, Near Vidyanekethan, Tirur Taluk, Malappuram 676 307
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation of Rs.3,89,714/- to be paid by the accused to the complainant.
Evidence:
The accused is directed to pay compensation of Rs.3,89,714/- (Rupees Three Lakh Eighty Nine Thousand Seven Hundred and Fourteen only) to the complainant u/s 357 (3) of Cr.P.C.
Relief Type:
Damages
Outcome:
Granted
Description:
Imprisonment for default in payment of compensation.
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for a period of 3 months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused to the complainant for the amount due.
Reference:
Ext.P1
Document Type:
Memorandum
Submitted By:
Court
Relevance:
Memorandum showing that Ext.P1 cheque was returned unpaid for the reason 'Funds Insufficient'.
Reference:
Ext.P2
Document Type:
Memorandum
Submitted By:
Court
Relevance:
Another document confirming the cheque was returned unpaid.
Reference:
Ext.P3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent by the complainant's lawyer to the accused demanding payment.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card evidencing the service of statutory notice on the accused.
Reference:
Ext.P5