Case Summary
V. Jaseer filed a complaint against Aleema for dishonoring a cheque. The court found Aleema guilty under the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹2,40,000 and simple imprisonment until rising of the court.
Case Type
Criminal Case
Final Judgment
No
The court sentenced Aleema to simple imprisonment and imposed a fine for dishonoring the cheque.
Why Plaintiff Won:
The cheque given by the accused was dishonored due to insufficient funds, and the required legal formalities were followed.
The cheque given by the accused was dishonored due to insufficient funds, and the required legal formalities were followed.
Losing Side's Weaknesses:
The cheque given by the accused was dishonored due to insufficient funds, and the required legal formalities were followed.
The cheque given by the accused was dishonored due to insufficient funds, and the required legal formalities were followed.
Supporting Evidence
The execution of the cheque is proved, and the presumption is in favour of the complainant.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 2,40,000/-. In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V. Jaseer
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aleema
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Cheque No.029032 for ₹1,20,000, Return Memo, Lawyer Notice, Postal Receipt, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- U. V. Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. M. Raghunath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Accused sentenced to pay a fine as compensation.
Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 2,40,000/- (Rupees Two Lakhs Forty Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Accused sentenced to undergo Simple Imprisonment in default of payment.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused in favour of the complainant as payment for a loan.
Reference:
Exhibit P1/PW1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing cheque was returned for insufficient funds.
Reference:
Exhibit P2/PW1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the accused for the dishonoured cheque.
Reference:
Exhibit P3/PW1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for sending the lawyer notice.
Reference:
Exhibit P4/PW1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card showing the accused did not receive the lawyer notice.
Reference:
Exhibit P5/PW1
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between V. Jaseer vs Aleema regarding dishonor of cheque.
Case Code Year
Case between V. Jaseer vs Aleema regarding dishonor of cheque.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months