Case Summary
The complainant, Vasu K. P., filed a complaint against the accused, Nijeesh M. V., for failing to honor a cheque issued towards a liability. The cheque was dishonored due to insufficient funds, leading to the prosecution under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹4,60,000/-.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty of the offence under Section 138 of the Negotiable Instruments Act. The accused was sentenced to undergo simple imprisonment and pay a fine.
Why Plaintiff Won:
The complainant established the execution of the cheque and its dishonor due to insufficient funds.
The complainant established the execution of the cheque and its dishonor due to insufficient funds.
Losing Side's Weaknesses:
The complainant established the execution of the cheque and its dishonor due to insufficient funds.
The complainant established the execution of the cheque and its dishonor due to insufficient funds.
Supporting Evidence
The complainant has established the primary burden through his depositions and documents stating that there exists a money transaction between the complainant and the accused.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹4,60,000/- (Rupees Four Lakhs Sixty Thousand Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vasu K. P.
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nijeesh M. V.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Cheque No.138463 of Federal Bank, Cheque return memo, Registered Lawyer Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Lathesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T. Praveen
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. P. Vimesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Accused shall pay a fine of ₹4,60,000 as damages for dishonoring the cheque.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹4,60,000/-.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Accused shall undergo Simple Imprisonment for a period of six months in default of payment of fine.
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 was issued by the accused in discharge of liability and was dishonored for insufficient funds.
Reference:
P1
Document Type:
Memorandum
Submitted By:
Plaintiff
Relevance:
Cheque return memo indicating dishonor of the cheque for funds insufficient.
Reference:
P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the accused after dishonor of the cheque demanding payment.
Reference:
P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the accused.
Reference:
P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Receipt confirming that the legal notice sent was unclaimed.
Reference:
P5
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 Vasu K. P. vs Nijeesh M. V. regarding dishonor of cheque
Case Code Year
Case between Vasu K. P. vs Nijeesh M. V. 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