Case Summary
Vinayakumar K is the plaintiff who claims that K.V.Salimon borrowed money from him and failed to repay. The case is about the dishonor of cheques issued by the defendant for the repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to realize ₹.8,05,300/- (Rupees Eight Lakh Five Thousand and Three Hundred Only) with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover the amount claimed with interest.
Why Plaintiff Won:
The defendant admitted the plaint claim.
The defendant admitted the plaint claim.
Losing Side's Weaknesses:
The defendant admitted the plaint claim.
The defendant admitted the plaint claim.
Supporting Evidence
From the unrebutted evidence adduced by the plaintiff I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vinayakumar K
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.V.Salimon
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Dishonoured cheque bearing No.161195 dated 04.09.2024, Cheque return memo dated 19.09.2024, True copy of the Legal notice dated 24.09.2024, Postal receipt dated 24.09.2024, Postal A/D Card dated 25.09.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.K.Shaji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D.Subhash Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹.8,05,300/- from the defendant.
Evidence:
In the result, the suit is decreed with costs. The plaintiff was allowed to realize the plaint claim of ₹.8,05,300/- (Rupees Eight Lakh Five Thousand and Three Hundred Only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 19.10.2024 till realization.
Documents & Evidence
Document Type:
Dishonoured cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant to the plaintiff and was subsequently dishonoured.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo confirms the dishonour of the cheque issued by the defendant.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to the defendant regarding the dishonoured cheque.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt proves that the legal notice was sent to the defendant.
Reference:
Ext.A4
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
This card indicates that the defendant received the legal notice sent by the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
OS
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act