Case Summary
Xavier.N.J. filed a suit against Jayakumar.P.K. for the realization of money borrowed. The defendant allegedly issued a cheque that was dishonored due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise the plaint claim of Rs.1,06,621/- (One Lakhs Six Thousand Six hundred and Twenty One only) with 9% interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the realization of Rs.1,06,621/- with interest.
Why Plaintiff Won:
Plaintiff provided unrebutted evidence including the dishonored cheque.
Plaintiff provided unrebutted evidence including the dishonored cheque.
Losing Side's Weaknesses:
Plaintiff provided unrebutted evidence including the dishonored cheque.
Plaintiff provided unrebutted evidence including the dishonored cheque.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff is entitled to get a decree to realise the plaint claim from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.1,06,621/- and also to realise 9% interest on the principal amount of Rs.1,00,000/- from the date of the suit ie, 05.08.2021 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Xavier.N.J.
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayakumar.P.K.
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.084611 issued by the defendant, Original dishonour memo, Office copy of lawyers notice, Postal Receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.K.Shaji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seema.K.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realise the plaint claim of Rs.1,06,621/- with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.1,06,621/- ... from the date of the suit ie, 05.08.2021 till realisation.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque issued and executed by the defendant for Rs.1,00,000/-.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Original dishonour memo indicating 'funds insufficient' for the cheque.
Reference:
Ext.A2
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyers notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card related to the notice sent.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Xavier.N.J. vs Jayakumar.P.K. regarding realisation of money.
Case Code Year
Case between Xavier.N.J. vs Jayakumar.P.K. regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act