Case Summary
Yoonus C. K. filed a complaint against Majnuvad V. V. for issuing a cheque with insufficient funds, leading to an offence under Section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.85,000 and 3 months imprisonment
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Final Judgment
No
Majnuvad V. V. was found guilty of cheque dishonour and sentenced to 3 months imprisonment with a compensation order of Rs.85,000 to be paid to Yoonus C. K.
Why Plaintiff Won:
Yoonus C. K. successfully proved that Majnuvad V. V. issued a cheque towards repayment of a debt which was dishonoured due to insufficient funds.
Yoonus C. K. successfully proved that Majnuvad V. V. issued a cheque towards repayment of a debt which was dishonoured due to insufficient funds.
Losing Side's Weaknesses:
Yoonus C. K. successfully proved that Majnuvad V. V. issued a cheque towards repayment of a debt which was dishonoured due to insufficient funds.
Yoonus C. K. successfully proved that Majnuvad V. V. issued a cheque towards repayment of a debt which was dishonoured due to insufficient funds.
Supporting Evidence
Ext. P5 is the copy of the statement in respect of the account maintained by the complainant with Federal Bank Ltd., Tirur branch. As per Ext.P5, the accused encashed the cheque No.829779 for Rs.5,50,000 on 30.6.2012 from that account.
Judgment Evidence:
On the basis of the 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 a legally enforceable debt of Rs.75,000 to the complainant and that the accused has committed the offence punishable u/s. 138 of the Negotiable Instruments Act by the non-payment of the amount within the statutory period.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yoonus C. K.
- Relation
- S/o Bava
- Party Role
- Defendant
- Party Name
- Majnuvad V. V.
- Relation
- S/o Kunju
Plaintiffs Documents
Ext.P1 - Cheque, Ext.P2 - Return Memo, Ext.P3 - Lawyer notice, Ext.P4 - Reply notice, Ext.P5 - Account statement, Ext.P6 - Letter from ICICI Bank
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. U. Sainudheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.P.V. M. Iqbal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation order of Rs.85,000 to be paid to the plaintiff
Evidence:
On the basis of the 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 a legally enforceable debt of Rs.75,000 to the complainant and that the accused has committed the offence punishable u/s. 138 of the Negotiable Instruments Act by the non-payment of the amount within the statutory period.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proof of cheque issued by the accused
Reference:
Ext.P1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing the return of the cheque due to insufficient funds
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice demanding payment of the cheque amount
Reference:
Ext.P3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement showing the transaction and cheques encashed
Reference:
Ext.P5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
ICICI Bank's letter confirming the cheque presentation location
Reference:
Ext.P6
Case Classification
Case Type
Criminal Case - Cheque Dishonour under Section 138 of N.I. Act
Category
Cheque Bounce Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Issuance of dishonoured cheque
Case Code
Case between Yoonus C. K. vs Majnuvad V. V. regarding cheque dishonour
Case Code Year
Case between Yoonus C. K. vs Majnuvad V. V. regarding cheque dishonour
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
3 months