Case Summary
Plaintiff Hameed filed a suit against defendant Nasar to realize Rs.3,00,000 with interest due to dishonored cheque under Section 138 of Negotiable Instrument Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Realization with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
Why Plaintiff Won:
The suit was decreed in favor of the plaintiff due to unchallenged evidence and proof of dishonored cheque repayment.
The suit was decreed in favor of the plaintiff due to unchallenged evidence and proof of dishonored cheque repayment.
Judgment Evidence:
I. Defendant is directed to pay the amount of Rs.3,00,000/- (Rupees three lakhs only) with an interest at @ 12% per annum from 15.11.2013 till the date of filing of the suit and thereafter with an interest @ 6% per annum till the date of realisation. II. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Plaintiffs
Hameed (51 years)
Chakkali Parambil House, Thirunnavaya amsom, Edakkulam desom, Tirur Taluk
Defendants
Nasar K (49 years)
Kaladi House, Near Mathrubhoomi, Post Swagathmad, Kottakkal
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
Plaintiff to be paid Rs.3,00,000 with interest as specified
Evidence:
Defendant is directed to pay the amount of Rs.3,00,000/- (Rupees three lakhs only) with an interest at @ 12% per annum from 15.11.2013 till the date of filing of the suit and thereafter with an interest @ 6% per annum till the date of realisation.
Documents & Evidence
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Proof of amount transaction
Reference:
A1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Evidence of insufficient funds in the account
Reference:
A2
Document Type:
Registered Lawyer notice with postal receipts
Submitted By:
Plaintiff
Relevance:
Communication of intent for repayment
Reference:
A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of notice by defendant
Reference:
A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Financial transaction details
Reference:
A6