Case Summary
Complainant Raveendran filed a case against the accused Abdul Rafeeque under section 138 of the Negotiable Instruments Act for dishonour of a cheque issued towards repayment of a loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.1,00,000 and simple imprisonment
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Why Plaintiff Won:
Complainant proved execution and issuance of the cheque by accused towards discharge of a debt.
Complainant proved execution and issuance of the cheque by accused towards discharge of a debt.
Judgment Evidence:
The accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court and is directed to pay compensation of Rs.1,00,000/- to the complainant u/s 357(3) of the Cr.P.C.
Parties Involved
Plaintiffs
Raveendran (29 years)
Mullumkattil House, Chembra PO, Thiruvegappura Via, Ottappalam Taluk
Defendants
Abdul Rafeeque (40 years)
Nadakkavil House, Valanchery PO, Malappuram District
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation of Rs.1,00,000 awarded to the complainant
Evidence:
In default of payment of compensation, the accused shall undergo simple imprisonment for 3 months.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Accused sentenced to undergo imprisonment till the raising of the court
Evidence:
Accused is found guilty and convicted for offence punishable u/s 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the raising of the court
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Proof of execution and issuance of the cheque by the accused
Reference:
Ext.P1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Intimation of cheque dishonour and demand for payment
Reference:
Ext.P3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending legal notice
Reference:
Ext.P4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Proof of legal notice delivery
Reference:
Ext.P5