Case Summary
Complainant Kunhimoideen Kutty, chairman of the Orphans Educational & Charitable Trust, alleged that accused Sunny. M.T. issued cheques that were dishonored, leading to an offence under section 138 of the Negotiable Instruments Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.100,000/- and imprisonment
Case Type
Criminal Case
Final Judgment
No
Why Plaintiff Won:
Judgment Evidence:
Parties Involved
Plaintiffs
Kunhimoideen Kutty (58 years years)
Edayur Post, Valancheri, Malappuram
Defendants
Sunny. M.T (50 years years)
Thavalam Post, Agali Village, Mannarkkad Taluk, Palakkad Dist
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation of Rs.100,000 awarded to the complainant
Evidence:
Accused convicted and sentenced to pay compensation under Section 357(3) of the Code of Criminal Procedure
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Plaintiff presented the cheque drawn by the accused, which was returned unpaid due to 'Payment Stopped by Drawer'
Reference:
Exbt.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Plaintiff presented the second cheque drawn by the accused, which was also returned unpaid
Reference:
Exbt.P2
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
DW1 executed an agreement in favor of the complainant, detailing the transaction involving the cheques
Reference:
Exbt D1
Document Type:
Notice
Submitted By:
Unknown
Relevance:
Plaintiff's lawyer sent official notices to the accused regarding the dishonored cheques
Reference:
Exbt.P4 (a), Exbt.P4 (b), Exbt.P4 (c), Exbt.P4 (d), Exbt.P4 (e), Exbt.P4 (f)
Document Type:
Trust Deed
Submitted By:
Plaintiff
Relevance:
Notarized copy of Trust Deed presented
Reference:
Exbt.P5
Document Type:
Resolution of Board
Submitted By:
Plaintiff
Relevance:
Resolutions related to property purchase and legal proceedings against accused were presented
Reference:
Exbt.P6, Exbt.P7