Case Summary
Prasanna Rajendran filed a suit against Rajendra Babu P for the recovery of ₹8,75,000, alleging that the defendant borrowed money and issued a cheque that was dishonoured due to insufficient funds. The defendant denied any borrowing and claimed the cheque was misused.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff did not establish her case for recovery of money against the defendant. The suit was dismissed, and both parties were directed to bear their own costs.
Key Reasoning:
The plaintiff failed to prove the case and inconsistencies in evidence raised doubts about the loan being made.
The plaintiff failed to prove the case and inconsistencies in evidence raised doubts about the loan being made.
Why Defendant Won:
The plaintiff failed to prove the case and inconsistencies in evidence raised doubts about the loan being made.
The plaintiff failed to prove the case and inconsistencies in evidence raised doubts about the loan being made.
Supporting Evidence
The evidence tendered by the PW1 was unbelievable and led to a situation wherein there is nothing to prove the plaint averments on record in a manner in which it can be proved even on the basis of the preponderance of probabilities.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prasanna Rajendran
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- K. Rajendran
- Party Age
- 66
- Relation
- Husband
- Party Role
- Defendant
- Party Name
- Rajendra Babu P
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, cheque for Rs. 8,75,000, cheque dishonour memo, legal notice, postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ashok B Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. N Rajagopalan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhilash O.U
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.V George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. S Gireesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riyal Devassy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jeemon P Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. Ashok Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
The plaintiff sought recovery of ₹8,75,000 with interest.
Evidence:
I am of the opinion that the plaintiff has not succeeded in establishing her case and that the plaintiff is not entitled to any relief in her favour.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes the husband of the plaintiff to depose in favour of the plaintiff in the case.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This is the cheque allegedly issued by the defendant to the plaintiff for repayment.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant informing about the dishonour of the cheque.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is the receipt for the issuance of the lawyer notice to the defendant.
Reference:
Ext.A4(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Prasanna Rajendran vs Rajendra Babu P regarding recovery of money
Case Code Year
Case between Prasanna Rajendran vs Rajendra Babu P regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour