Case Summary
The plaintiff K.Madhusoodanan is seeking to recover a loan of Rs.3,00,000/- from the defendant Smt.S.Chandrika Devi. The defendant borrowed the amount for her daughter's education but has not repaid it despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realize an amount of Rs.3,00,000/- with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit, allowing K.Madhusoodanan to recover an amount of Rs.3,00,000/- along with interest.
Why Plaintiff Won:
The defendant failed to provide credible evidence to rebut the presumption of liability under the Negotiable Instruments Act.
The defendant failed to provide credible evidence to rebut the presumption of liability under the Negotiable Instruments Act.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has proved the case by the oral and documentary evidence adduced. The execution of Exts.A1 to A3 was clearly admitted in the written statement which was confirmed in the cross-examination.
Judgment Evidence:
In the result, the suit is partly decreed with costs as follows: 1. The Plaintiff is entitled to realize an amount of Rs.3,00,000/- together with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Madhusoodanan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt.S.Chandrika Devi
- Party Age
- 65
- Relation
- D/o
Plaintiffs Documents
Original cheque bearing No.000055, Original cheque bearing No.000054, Original cheque bearing No.000049, Cheque dishonour memo, Copy of Advocate Notice
Defendants Documents
Attested copy of MBBS Certificate issued by SICHUAN University, China, Attested Copy of Certificate of Graduation issued by SICHUAN University.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. R.Girija Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.N.Kuttappan Thazhassery
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff sought to recover an amount of Rs.3,03,600/- with interest.
Evidence:
the plaintiff is entitled to realize an amount of Rs.3,00,000/- (Rupees Three lakhs only) together with interest at the rate of 9% per annum from the date of suit till the date of decree
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of costs from the defendant.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and her assets both movable and immovable.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant to discharge the debt owed to the plaintiff.
Reference:
Ext.A1
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant to discharge the debt owed to the plaintiff.
Reference:
Ext.A2
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant to discharge the debt owed to the plaintiff.
Reference:
Ext.A3
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheques were dishonoured due to insufficient funds.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the plaintiff to the defendant requesting repayment of the borrowed amount.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of receipt of the advocate notice by the defendant.
Reference:
Ext.A6
Document Type:
Attested copy of MBBS Certificate
Submitted By:
Defendant
Relevance:
This document was submitted by the defendant to support her claim regarding her daughter's education.
Reference:
Ext.B1
Document Type:
Attested Copy of Certificate of Graduation
Submitted By:
Defendant
Relevance:
This document was submitted by the defendant to support her claim regarding her daughter's education.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between K.Madhusoodanan vs Smt.S.Chandrika Devi regarding recovery of money
Case Code Year
Case between K.Madhusoodanan vs Smt.S.Chandrika Devi regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act