Case Summary
The complainant, V.P. Jawahar, alleges that the accused, Afsal B, issued a dishonored cheque as payment for a debt. After a thorough examination of evidence, the court found the accused guilty of the offence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹.6,00,000/- under Section 138 of the Negotiable Instruments Act.
Case Type
Criminal Case
Final Judgment
No
The accused, Afsal B, was found guilty of issuing a dishonored cheque and is sentenced to imprisonment and fines.
Why Plaintiff Won:
The complainant established that the accused issued the cheque in discharge of a legally enforceable debt.
The complainant established that the accused issued the cheque in discharge of a legally enforceable debt.
Losing Side's Weaknesses:
The complainant established that the accused issued the cheque in discharge of a legally enforceable debt.
The complainant established that the accused issued the cheque in discharge of a legally enforceable debt.
Supporting Evidence
It is proved that Ext.P1 cheque was presented to the bank within the period of its validity. The complainant made demand of amount covered by the cheque within the statutory period.
Judgment Evidence:
In the result, accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs.6,00,000/- (Rupees Six Lakhs only) under Section 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.P. Jawahar
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Afsal B
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.031365 dated 18.07.2018 for Rs.3,72,000/-, Cheque return memo dated 29.08.2018, Office copy of lawyer's notice dated 11.09.2018, Postal receipt dated 15.09.2018, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jincy C.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. N. Harimohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to undergo imprisonment and to pay a fine.
Evidence:
Accused is sentenced to undergo imprisonment till rising of the court and to pay a fine of ₹.6,00,000/- (Rupees Six Lakhs only) under Section 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
In default of payment of fine, the accused is to undergo imprisonment.
Evidence:
In default, to undergo simple imprisonment for three months.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the accused to the complainant to discharge a debt which was dishonoured.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memorandum indicating the cheque was dishonoured due to insufficient funds.
Reference:
Ext.P2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice sent to the accused after cheque dishonour, demanding payment.
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The receipt confirming the despatch of the legal notice to the accused.
Reference:
Ext.P4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The card acknowledging receipt of the notice by the accused.
Reference:
Ext.P5
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between V.P. Jawahar vs Afsal B regarding offence punishable under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between V.P. Jawahar vs Afsal B regarding offence punishable under Section 138 of the Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
till rising of the court and to undergo simple imprisonment for three months