Case Summary
M/s. Kerala Kaumudi Pvt. Ltd. is the complainant who alleged that Jayakumar K P issued a cheque that was returned due to insufficient funds. The complainant argued that this case falls under the Negotiable Instruments Act after statutory demands were not met.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The fine of ₹50,000 shall be paid to the complainant as compensation.
Case Type
Criminal Case
Final Judgment
No
The accused, Jayakumar K P, was found guilty of dishonoring a cheque under Section 138 N.I. Act and sentenced to one month of simple imprisonment and a fine of ₹50,000, with further imprisonment for two months in case of default.
Why Plaintiff Won:
The court found that the complainant proved the essential ingredients of the offence under Section 138 N.I. Act.
The court found that the complainant proved the essential ingredients of the offence under Section 138 N.I. Act.
Losing Side's Weaknesses:
The court found that the complainant proved the essential ingredients of the offence under Section 138 N.I. Act.
The court found that the complainant proved the essential ingredients of the offence under Section 138 N.I. Act.
Supporting Evidence
The court finds that the accused has failed to raise a probable defence capable of dislodging the presumption.
Judgment Evidence:
In the result, the Accused is convicted under Section 255(2) Cr.P.C. (1) He is sentenced to undergo simple imprisonment for a period of one (1) month and to pay a fine of ₹50,000/- (Rupees Fifty Thousand only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kerala Kaumudi Pvt. Ltd
- Party Role
- Defendant
- Party Name
- Jayakumar K P
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of Power of attorney, Paper publication, Cheque bearing No.129545 dated 31.07.2021, Dishonour memo, Copy of notice dated 23.11.2021, Postal receipt evidencing dispatch of notice, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Latha P S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Boby John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation to be paid to the complainant.
Evidence:
The entire fine amount of 50,000/- shall be paid to the Complainant as compensation under Section 357(1)(b) of the Code of Criminal Procedure, 1973.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Accused sentenced to imprisonment for one month.
Evidence:
He is sentenced to undergo simple imprisonment for a period of one (1) month.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Additional imprisonment for defaulting on fine payment.
Evidence:
In default of payment of fine, the Accused shall undergo simple imprisonment for a further period of two (2) months.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Verified authenticity of the complainant's representation.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Primary evidence of the debt incurred by the accused.
Reference:
Ext.P3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Evidence of cheque return due to insufficient funds.
Reference:
Ext.P4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Proof of statutory demand sent to the accused.
Reference:
Ext.P5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of dispatch of notice.
Reference:
Ext.P6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of notice by the accused.
Reference:
Ext.P7
Case Classification
Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
S.T.
Case Code Year
2021
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
1 month