Case Summary
The plaintiff, B. Chandran, is seeking to recover Rs. 3,00,000 from the defendant, Shylaja, who defaulted on a cheque issued to him. The defendant failed to respond to legal notices regarding the payment, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,00,000 together with interest at the rate of 6% per annum from the date of suit till realization
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover Rs. 3,00,000 along with interest and costs. The defendant failed to provide sufficient evidence to rebut the claims.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with adequate evidence, including the default in payment on the cheque.
The plaintiff succeeded in proving his case with adequate evidence, including the default in payment on the cheque.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A4 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, The suit is decreed and the plaintiff is entitled to realise an amount of Rs.3,00,000/- (Rupees Three Lakhs Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B. Chandran
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shylaja
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Original cheque No.640830, Office copy of lawyer’s notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Mohana Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bindhu B.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh S.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.3,00,000/- together with interest.
Evidence:
The suit is decreed and the plaintiff is entitled to realise an amount of Rs.3,00,000/- (Rupees Three Lakhs Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and her assets, with costs.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Proved the amount borrowed and the dishonor of the cheque.
Reference:
Ext.A1
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notified the defendant about the dishonor of the cheque and demand for payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the legal notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
Case between B. Chandran vs Shylaja regarding Suit for realisation of money
Case Code Year
Case between B. Chandran vs Shylaja regarding Suit for realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act