Case Summary
The complainant, Moosa, filed a complaint against the accused, Sajeevan, for dishonoring a cheque given as repayment for a loan. The court found the accused guilty under Section 138 of the Negotiable Instruments Act for failing to pay the cheque amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of ₹2,00,000/- and Simple Imprisonment till rising of the court.
Case Type
Criminal Case
Final Judgment
No
The court convicted the accused for the offence under Section 138 of the Negotiable Instruments Act and held him liable to pay a fine of ₹2,00,000/-.
Why Plaintiff Won:
The complainant successfully proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
The complainant successfully proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Losing Side's Weaknesses:
The complainant successfully proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
The complainant successfully proved that the cheque was issued for a legally enforceable debt and was dishonored due to insufficient funds.
Supporting Evidence
The complainant has established a probable case in his favour. The cheque has been issued in discharge of a legally enforceable debt or liability.
Judgment Evidence:
In the result, the accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹2,00,000/- (Rupees Two Lakhs Only) U/s. 138 of the Negotiable Instruments Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moosa S/o Aboobacker Haji
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajeevan S/o Kumaran
- Relation
- S/o
Plaintiffs Documents
Cheque dated 05.03.2020, Cheque return memo dated 20.03.2020, Registered lawyer notice dated 18.04.2020, Acknowledgment card dated 18.04.2020.
Defendants Documents
Statement of Account of Moosa M. P. dated 01.01.2010 to 25.03.2020, Cheque Book Issue Register.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ali V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- U.V. Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The accused is sentenced to pay a fine and undergo imprisonment in default.
Evidence:
The accused is sentenced to undergo Simple Imprisonment till rising of the court and to pay a fine of ₹2,00,000/-.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque dated 05.03.2020 was issued in favor of the complainant and was presented for payment.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo issued by the bank stating the cheque was returned due to insufficient funds.
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The registered lawyer notice sent to the accused regarding the cheque bounce.
Reference:
Ext.P3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirming the receipt of the lawyer notice by the accused.
Reference:
Ext.P4
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Document presented by the defense regarding the financial transactions.
Reference:
Ext.D1
Document Type:
Cheque Book Issue Register
Submitted By:
Defendant
Relevance:
Document used by the defense to support their claim regarding the cheque.
Reference:
Ext.D2
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 Moosa S/o Aboobacker Haji vs Sajeevan S/o Kumaran regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.
Case Code Year
Case between Moosa S/o Aboobacker Haji vs Sajeevan S/o Kumaran regarding dishonor of cheque under Section 138 of the Negotiable Instruments Act.
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months