Case Summary
The complainant, Dilna T. V., is involved in a case against the accused, Shyju Sivaraman, over a cheque dishonor issue. The complainant claims that the accused borrowed money and issued cheques which bounced due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of ₹3,00,000 to the complainant.
Case Type
Criminal Case
Final Judgment
No
The court found the accused guilty of the offence under section 138 of the NI Act, sentencing him to simple imprisonment until the rising of the court and imposing a fine of ₹3,00,000.
Why Plaintiff Won:
The complainant provided sufficient evidence showing that the cheques were issued for a legally enforceable debt.
The complainant provided sufficient evidence showing that the cheques were issued for a legally enforceable debt.
Losing Side's Weaknesses:
The complainant provided sufficient evidence showing that the cheques were issued for a legally enforceable debt.
The complainant provided sufficient evidence showing that the cheques were issued for a legally enforceable debt.
Supporting Evidence
The accused has admitted the transaction with the complainant and has admitted the signatures in the cheques.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 3,00,000/- (Rupees Three Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dilna T. V.
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shyju Sivaraman
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Agreement between complainant and accused, Cheques No.418353 and No.418354, Cheque return memos.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Lathesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. P. Regha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Accused is sentenced to undergo simple imprisonment and pay a fine.
Evidence:
the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of 3,00,000/- (Rupees Three Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Relief Type:
Other
Outcome:
Granted
Description:
In default of payment of fine, the accused shall undergo simple imprisonment.
Evidence:
In default of payment of fine, the accused shall undergo Simple Imprisonment for a period of six months.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between complainant and accused regarding the money transaction.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No.418353 for ₹75,000 issued by the accused in favor of the complainant.
Reference:
Ext.P2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque No.418354 for ₹75,000 issued by the accused in favor of the complainant.
Reference:
Ext.P3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing 'Funds Insufficient' issued by Federal Bank for Ext.P2.
Reference:
Ext.P4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing 'Funds Insufficient' issued by Federal Bank for Ext.P3.
Reference:
Ext.P5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Registered lawyer notice sent to the accused demanding payment.
Reference:
Ext.P6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt proving the sending of the lawyer notice.
Reference:
Ext.P7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card showing that the accused did not accept the notice.
Reference:
Ext.P8
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cheque dishonour
Case Code
Case between Dilna T. V. vs Shyju Sivaraman regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Code Year
Case between Dilna T. V. vs Shyju Sivaraman regarding U/s.138 of The Negotiable Instruments Act, 1881
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months