Case Summary
Mohammed Yousuf, represented by his power of attorney holder Shine Yousef, is suing his brother Fakrudeen Bava for dishonoring a cheque issued for the repayment of collected rents. The plaintiff claims the defendant acted contrary to his interests, leading to the case.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to establish the legitimacy of the cheque and dismissed the suit.
Key Reasoning:
The plaintiff did not provide sufficient evidence to establish that the cheque was valid and enforceable.
The plaintiff did not provide sufficient evidence to establish that the cheque was valid and enforceable.
Why Defendant Won:
The plaintiff did not provide sufficient evidence to establish that the cheque was valid and enforceable.
The plaintiff did not provide sufficient evidence to establish that the cheque was valid and enforceable.
Supporting Evidence
The court could not find a legally enforceable debt or confirmation that Ext.A2 was executed as claimed by the plaintiff.
Judgment Evidence:
In the result: The suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohammed Yousuf
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shine Yousef
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fakrudeen Bava
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original Power of Attorney, Original Cheque bearing No. 220853, Dishonour memo, Copy of the advocate’s notice, Postal receipt, Acknowledgment card, Reply notice, Copy of judgment of the Munsiff, Kottarakkara in OS 523/2018, Original agreement
Defendants Documents
Certified copy of Judgment OP(c) No. 1953/2022, Certified copy of the Plaint in OS 523/2018, Certified copy of the Written statement in OS 523/2018, Certified copy of the Written statement in OS 523/2018, Certified copy of the Written statement in OS 523/2018, Certified copy of the Plaint in OS 284/2018
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.S. Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.J.Suresh Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Suma Prasad
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.R. Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.D. Anilkumar
- Appearance Type
- Assisting Counsel
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The original power of attorney granted to Shine Yousef, allowing him to act on behalf of the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque issued by the defendant dated 30/12/2018 for ₹1,50,000, which was later dishonoured.
Reference:
Ext.A2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The memo stating that the cheque was returned dishonoured due to insufficient funds.
Reference:
Ext.A3
Document Type:
Advocate’s notice
Submitted By:
Plaintiff
Relevance:
The statutory notice sent by the plaintiff to the defendant demanding payment for the dishonoured cheque.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt confirming delivery of the advocate's notice to the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card signed by the defendant confirming receipt of the advocate's notice.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice from the defendant disputing the claims made in the advocate's notice.
Reference:
Ext.A7
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Copy of the judgment in another case related to the property dispute.
Reference:
Ext.A8
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The original agreement between the plaintiff and the defendant regarding the property.
Reference:
Ext.A9
Document Type:
Calculation Sheet
Submitted By:
Plaintiff
Relevance:
Calculation sheet prepared in relation to the agreement between the plaintiff and the defendant.
Reference:
Ext.A9(a)
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
Judgment passed by the Hon'ble High Court regarding the maintainability of the suit.
Reference:
Ext.B1
Document Type:
Certified Copy of the plaint
Submitted By:
Defendant
Relevance:
The plaint filed in another civil suit in connection to the property.
Reference:
Ext.B2
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
The written statement filed in the civil suit related to the property owned by the plaintiff.
Reference:
Ext.B3
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
Another written statement from the same civil suit providing the defendant's response.
Reference:
Ext.B4
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
Yet another written statement from the same civil suit related to the defendant's position.
Reference:
Ext.B5
Document Type:
Certified Copy of the plaint
Submitted By:
Defendant
Relevance:
The plaint concerning another civil suit for the property.
Reference:
Ext.B6
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
The written statement in response to the plaintiff's claims in a separate civil case.
Reference:
Ext.B7
Document Type:
Certified Copy of the plaint
Submitted By:
Defendant
Relevance:
Plaint filed in another civil suit regarding the property.
Reference:
Ext.B8
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
Written statement relating to the respective civil case addressing the same issue.
Reference:
Ext.B9
Document Type:
Certified Copy of the Petition
Submitted By:
Defendant
Relevance:
Petition for accepting the written statement in response to the civil suit.
Reference:
Ext.B10
Document Type:
Certified Copy of the plaint
Submitted By:
Defendant
Relevance:
The plaint in yet another civil suit involving similar parties.
Reference:
Ext.B11
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
Written statement responding to the claims in the civil suit.
Reference:
Ext.B12
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
Another written statement connected to the civil disputes.
Reference:
Ext.B13
Document Type:
Certified Copy of the plaint
Submitted By:
Defendant
Relevance:
Plaint filed in civil proceedings against the defendant.
Reference:
Ext.B14
Document Type:
Certified Copy of the written statement
Submitted By:
Defendant
Relevance:
Written statement addressing the claims made by the plaintiff.
Reference:
Ext.B15
Document Type:
Certified Copy of the Memo
Submitted By:
Defendant
Relevance:
Memo filed in relation to the present civil suit matters.
Reference:
Ext.B16
Document Type:
Certified copy of the Power of Attorney
Submitted By:
Defendant
Relevance:
Power of attorney document purportedly relevant to the disputes.
Reference:
Ext.B17
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Advocate's notice served to the defendant.
Reference:
Ext.B18
Document Type:
Copy of the reply notice
Submitted By:
Defendant
Relevance:
Reply notice served back to the plaintiff by the defendant.
Reference:
Ext.B19
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Postal receipt confirming the sending of the advocate's notice.
Reference:
Ext.B20
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Acknowledgment card confirming receipt of communication sent.
Reference:
Ext.B21
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Advocate's notice sent on behalf of the defendants.
Reference:
Ext.B22
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Additional advocate's notice relevant to the civil dispute.
Reference:
Ext.B23
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice sent in response to the claims made in the advocate's notice.
Reference:
Ext.B24
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Another advocate notice related to the disputes.
Reference:
Ext.B25
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of a reply notice in response to the advocate's communication.
Reference:
Ext.B26
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Further advocate notice submitted in relation to the case.
Reference:
Ext.B27
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice relating to claims made previously.
Reference:
Ext.B28
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Advocate's notice connected to the ongoing disputes.
Reference:
Ext.B29
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of the reply notice communicating the defendant's position.
Reference:
Ext.B30
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Notice from the advocate regarding the legal matters at hand.
Reference:
Ext.B31
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of the reply notice relevant to the case.
Reference:
Ext.B32
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Another advocate's notice related to the case.
Reference:
Ext.B33
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of the reply notice provided regarding the case.
Reference:
Ext.B34
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Advocate notice concerning ongoing legal disputes.
Reference:
Ext.B35
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of reply notice regarding the advocate's earlier communication.
Reference:
Ext.B36
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Further advocate notice issued in connection with the legal matters.
Reference:
Ext.B37
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice pertaining to earlier communications.
Reference:
Ext.B38
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Yet another advocate notice issued regarding the matter.
Reference:
Ext.B39
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of the reply notice sent in response.
Reference:
Ext.B40
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Advocate notice regarding ongoing disputes.
Reference:
Ext.B41
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of the reply notice relevant to the dispute.
Reference:
Ext.B42
Document Type:
Certified Copy of the Reply Notice
Submitted By:
Defendant
Relevance:
Certified copy of the reply notice sent to the plaintiff.
Reference:
Ext.B43
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
Copy of the response provided regarding the case.
Reference:
Ext.B44
Document Type:
Certified Copy of the Order
Submitted By:
Defendant
Relevance:
Certified order from the Family Court regarding related matters.
Reference:
Ext.B45
Document Type:
Original License
Submitted By:
Defendant
Relevance:
License pertaining to Sri Fakrudeen Bava Abdul.
Reference:
Ext.B46
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter issued by the Federal Bank relating to the transactions.
Reference:
Ext.B47
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
OS.NO.
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act