Case Summary
B.Saji Kumar, a non-resident Indian, lent money to defendant Rosechandran for a family obligation. The defendant failed to repay the amount, leading to a lawsuit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by B.Saji Kumar against Rosechandran. It concluded that the plaintiff failed to prove the financial transaction.
Key Reasoning:
The Plaintiff failed to establish his financial capability to lend the amount.
The Plaintiff failed to establish his financial capability to lend the amount.
Why Defendant Won:
The Plaintiff failed to establish his financial capability to lend the amount.
The Plaintiff failed to establish his financial capability to lend the amount.
Supporting Evidence
This Court is of the view that the plaintiff failed to prove that he had sufficient source of money to lend the alleged amount.
Judgment Evidence:
Hence, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B.Saji Kumar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rosechandran
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original cheque No.014891, Original dishonor memo, Copy of legal notice
Defendants Documents
Document Issued from the society, Copy of legal notice, Copy of reply notice
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.J.V.Anoop
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff requested recovery of the amount of Rs.4,50,000/- from the defendant.
Evidence:
The court found against the plaintiff on issue No.1, stating that the plaintiff failed to establish his case.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff sought costs following the dismissal of the suit.
Evidence:
The suit is dismissed with costs.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was executed and issued by the defendant in favor of the plaintiff as part of the loan transaction.
Reference:
Ext.A1
Document Type:
Original dishonor memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque issued by the defendant was returned dishonored due to insufficient funds.
Reference:
Ext.A2
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant requesting repayment of the amount covered by the dishonored cheque.
Reference:
Ext.A3
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is proof of the legal notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Document Issued from the society
Submitted By:
Defendant
Relevance:
This document was provided to support the defendant's position regarding the loan transaction.
Reference:
Ext.B1
Document Type:
Copy of legal notice
Submitted By:
Defendant
Relevance:
This notice was a response to the legal notice issued by the plaintiff.
Reference:
Ext.B2
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
This notice is the defendant's reply to the legal notice sent by the plaintiff.
Reference:
Ext.B3
Document Type:
Copy of Marriage certificate 2nd daughter
Submitted By:
Defendant
Relevance:
This document was provided as evidence in support of the defendant's claims regarding financial dealings.
Reference:
Ext.B6
Document Type:
Copy of Marriage certificate 3rd daughter
Submitted By:
Defendant
Relevance:
This document was provided as evidence in support of the defendant's claims regarding financial dealings.
Reference:
Ext.B7
Document Type:
Copy of Marriage certificate 4th daughter
Submitted By:
Defendant
Relevance:
This document was provided as evidence in support of the defendant's claims regarding financial dealings.
Reference:
Ext.B8
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Cheque dishonour
Case Code
Case between B.Saji Kumar vs Rosechandran regarding Suit for realisation of money.
Case Code Year
Case between B.Saji Kumar vs Rosechandran regarding Suit for realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act