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
Sanil was found guilty of issuing a cheque without sufficient funds and was sentenced to imprisonment and ordered to pay compensation to Ummar Farooq.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Testimony of PW1 would show that the accused has collected an amount of Rs. Rs.389,714/- from the complainant. The vague denial is not sufficient to rebut the presumption under section 139 of Negotiable Instruments Act.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Ummar Farooq
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sanil
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Cheque No.532920, Memo issued by South Indian Bank, Memo issued by State Bank of Travancore, Copy of Lawyer notice with Postal Receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P Najmudheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Vijayaraj
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between Ummar Farooq vs Sanil regarding dishonour of cheque
Case Code Year
Case between Ummar Farooq vs Sanil regarding dishonour of cheque
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months