Case Summary
Complaint filed by Kunhimoideen Kutty against Sunny. M.T for offence under section 138 of Negotiable Instruments Act. Accused convicted in two cases, sentenced to imprisonment and compensation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
Accused failed to pay the amount due and cheques were dishonored.
Accused failed to pay the amount due and cheques were dishonored.
Judgment Evidence:
Parties Involved
Plaintiffs
Kunhimoideen Kutty (58 years years)
Chairman, Orphans Educational Charitable Trust, Edayur Post, Valancheri, Malappuram
Defendants
Sunny. M.T (50 years years)
Eranad House, Thavalam Post, Agali Village, Mannarkkad Taluk, Palakkad Dist
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Ordered to pay compensation of Rs.100,000 under section 357(3) of CrPC
Evidence:
Complainant to be compensated if realized
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Ordered for imprisonment till raising of Court
Evidence:
Accused sentenced to imprisonment for default in compensation payment
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Ordered for imprisonment till raising of Court
Evidence:
Accused sentenced to imprisonment for default in compensation payment
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque drawn and delivered by accused in discharge of debt
Reference:
Exbt.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque drawn and delivered by accused in discharge of debt
Reference:
Exbt.P2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo from South Indian Bank stating reasons for cheque bounce
Reference:
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notices demanding payment from accused
Reference:
Exbt.P4 (a), Exbt.P4 (d)
Document Type:
Trust Deed
Submitted By:
Plaintiff
Relevance:
Notarized copy of Trust Deed related to transaction
Reference:
Exbt.P5
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolutions related to property transaction
Reference:
Exbt.P6, Exbt.P7
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement between DW1 and complainant regarding property
Reference:
Exbt D1