Case Summary
Nishad P. M. filed a complaint against Sakkeer Hussain K. T. for dishonoring cheques issued for a debt. The court found the accused guilty under section 138 of the Negotiable Instruments Act.
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 accused was found guilty of the offense and sentenced to simple imprisonment and a fine.
Why Plaintiff Won:
The complainant proved the issuance of cheques for a legally enforceable debt.
The complainant proved the issuance of cheques for a legally enforceable debt.
Losing Side's Weaknesses:
The complainant proved the issuance of cheques for a legally enforceable debt.
The complainant proved the issuance of cheques for a legally enforceable debt.
Supporting Evidence
The execution of the cheques are proved and it is established that the cheques are issued for the 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
- Nishad P. M.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sakkeer Hussain K. T.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Cheque No.668719, Cheque No.668720, Lawyer Notice, Postal Receipt, Acknowledgment Card, Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Fareed Kalleri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- O. T. Jabish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Compensation awarded to the complainant for the dishonored cheques.
Evidence:
the accused shall undergo Simple Imprisonment for a period of six months. If the amount of fine is realized, the same shall be paid to the complainant as compensation U/s. 357(1) Cr.PC.
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Accused sentenced to undergo imprisonment.
Evidence:
the accused is sentenced to undergo Simple Imprisonment till rising of the court.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused for repayment of the amount borrowed.
Reference:
Ext.P1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused for repayment of the amount borrowed.
Reference:
Ext.P2
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo showing 'Funds Insufficient' for Cheque No.668719.
Reference:
Ext.P3
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo showing 'Funds Insufficient' for Cheque No.668720.
Reference:
Ext.P4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the accused demanding repayment of the due amount.
Reference:
Ext.P5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice to the accused.
Reference:
Ext.P6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmation that the accused received the lawyer notice.
Reference:
Ext.P7
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed between the complainant and the accused regarding the transaction.
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 Nishad P. M. vs Sakkeer Hussain K. T. regarding cheque dishonor
Case Code Year
Case between Nishad P. M. vs Sakkeer Hussain K. T. regarding cheque dishonor
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act
Imprisonment Duration
6 months