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ST Case No.163/2015

Case between Vishnu vs Rejesh regarding Cheque Dishonour

Court
Judicial First Class Magistrate-II, Tirur
Judge
Sri. Biju. V. G
Order Date
2016-05-07
Duration
2 years 6 months
Case Closed
Sat, 05/07/2016 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Complainant Vishnu accused Rejesh of issuing a cheque of Rs.2,00,000 which was dishonored, leading to a legal case under section 138 of the NI Act.

Judgment Outcome

Plaintiff Won
Interim Order
Accused Rejesh was found guilty of cheque dishonour and sentenced to pay Rs.2,00,000 to the complainant or face 3 months of simple imprisonment.
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.2,00,000 to the complainant and compensation under section 357(1)(b) of Cr.P.C
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Accused Rejesh was found guilty of cheque dishonour and sentenced to pay Rs.2,00,000 to the complainant or face 3 months of simple imprisonment.
Why Plaintiff Won:
The complainant successfully proved the execution of the cheque by the accused and non-payment within the statutory period following the dishonour.
Losing Side's Weaknesses:
The complainant successfully proved the execution of the cheque by the accused and non-payment within the statutory period following the dishonour.
Supporting Evidence
As stated above, PW1 filed proof affidavit regarding execution of Ext.P1 cheque by the accused in discharge of legally enforceable debt of Rs.2,00,000 towards the complainant.

Judgment Evidence:

On the basis of foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of legally enforceable debt of Rs.2,00,000

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vishnu
Party Age
31
Relation
S/o
Party Role
Defendant
Party Name
Rejesh P.
Party Age
31
Relation
S/o
Plaintiffs Documents
Cheque No. 008746, Memos from Banks, Lawyer Notice, Postal Acknowledgment Card
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Fine
Outcome: Granted
Description:
Fine of Rs.2,00,000 to the complainant and compensation under section 357(1)(b) of Cr.P.C
Evidence:
On the basis of foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of legally enforceable debt of Rs.2,00,000

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Proof of accused executing and issuing cheque towards debt repayment
Reference:
Ext.P1
Document Type: Memos
Submitted By: Plaintiff
Relevance:
Memos showing insufficient funds in accused's bank account
Reference:
Ext.P2, Ext.P3
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Lawyer notice demanding payment of cheque amount
Reference:
Ext.P4
Document Type: Postal Acknowledgment
Submitted By: Plaintiff
Relevance:
Proof of accused receiving lawyer notice
Reference:
Ext.P5

Case Classification

Case Type
Criminal Case - Cheque Dishonour
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Debt repayment failure
Case Code
Case between Vishnu vs Rejesh regarding Cheque Dishonour
Case Code Year
Case between Vishnu vs Rejesh regarding Cheque Dishonour

Case Flags

Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
3 months

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 09/03/2013 - 12:00
Case Closed
Sat, 05/07/2016 - 12:00
From
Sun, 05/01/2016 - 12:00
To
Tue, 05/31/2016 - 12:00
Outcome Confidence
90%

Involved Entities

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