Case Summary
Complaint filed against accused for dishonouring a cheque issued to the complainant. Accused found guilty and sentenced to pay a fine of Rs.4,00,000 or face 5 months of simple imprisonment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.4,00,000 under Section 357(3) Cr.P.C.
Case Type
Civil Suit - Cheque Dishonour
Final Judgment
No
Why Plaintiff Won:
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
The complainant successfully proved that the accused issued the cheque towards a legally enforceable debt.
Judgment Evidence:
The accused is found guilty and convicted for the offence punishable u/s 138 of the Negotiable Instruments Act...
Parties Involved
Plaintiffs
Haris.T.E. (39 years)
Thekke Idivettiyakath House, Pookkayil Bazar. P.O, Tirur Taluk, Malappuram District
Defendants
Semeer (38 years)
Mundekkatt House, Illthapadam, Tirur Amsom, Kott Desom, Tirur P.O., Tirur Taluk, Malappuram District
Reliefs
Relief Type:
Recovery
Outcome:
Unknown
Description:
Recovery of the cheque amount through fine or imprisonment
Evidence:
Accused found guilty of cheque dishonour under Section 138 of NI Act, sentenced to pay a fine or face imprisonment.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the accused
Reference:
Ext.P1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo from IDBI Bank regarding cheque bounce
Reference:
Ext.P2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to accused demanding payment of cheque amount
Reference:
Ext.P4
Document Type:
Certified copy of passport
Submitted By:
Defendant
Relevance:
Accused's passport submitted as evidence
Reference:
D1
Document Type:
Certified copy of passport
Submitted By:
Defendant
Relevance:
Another copy of Accused's passport submitted as evidence
Reference:
D2