Case Summary
The plaintiff, Bindhu P.S, is seeking to recover Rs. 4,00,000/- from the defendant, Geetha.R, who allegedly borrowed this amount and issued a cheque that was dishonored. The defendant denies these claims, stating that the cheque was a blank signed cheque given as security for a chitty transaction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.4,00,000/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, acknowledging the evidence provided and decreeing that the defendant must repay Rs. 4,00,000/- along with interest.
Why Plaintiff Won:
The court found sufficient documentary evidence and corroborative testimony to substantiate the plaintiff's claim.
The court found sufficient documentary evidence and corroborative testimony to substantiate the plaintiff's claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence on record clearly establishes that the defendant had borrowed Rs. 4 lakhs from the plaintiff and had issued Ext.A1 cheque towards repayment. Hence, the Court finds that the plaintiff has proved her claim beyond reasonable doubt.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.4,00,000/- (Rupees Four Lakhs only) with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realization, from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindhu P.S
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Geetha.R
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Cheque from the South Indian Bank, Cheque Return Memo, Advocate Notice, Postal Receipt, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Ushar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B. L. Prasasnth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs. 4,00,000/- with interest at the rate of 12% per annum from the defendant.
Evidence:
The suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 4,00,000/- (Rupees Four Lakhs only) with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No. 701688 of South Indian Bank, Kollam branch, was produced and marked to prove that the defendant is the signatory.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo proved that Ext.A1 was returned for the reason funds insufficient in the account of the defendant.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
A demand was made by the plaintiff to the defendant for the repayment of the amount covered by Ext.A1.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 20/06/2018 was marked to support the plaintiff's claim.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of the plaintiff from the Pattathanam Service Cooperative Bank shows sufficient balance to make the payment.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Bindhu P.S vs Geetha.R regarding realisation of money.
Case Code Year
Case between Bindhu P.S vs Geetha.R regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour