Case Summary
The plaintiff, Pradeep Kumar.C.L., is seeking the recovery of Rs.8,16,043/- from the defendant, Vijayakumari, after a cheque issued by the defendant was dishonoured. The defendant denies borrowing the money and claims the suit is based on forged documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.8,16,043/- with interest at 9% per annum
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The court found sufficient evidence proving the defendant borrowed money and failed to repay as agreed.
Why Plaintiff Won:
The evidence presented by the plaintiff was convincing and went unchallenged by the defendant.
The evidence presented by the plaintiff was convincing and went unchallenged by the defendant.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was convincing and went unchallenged by the defendant.
The evidence presented by the plaintiff was convincing and went unchallenged by the defendant.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendant has borrowed temporary loan from the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs: The Plaintiff is entitled to realise an amount of Rs.8,16,043/- (Rupees Eight lakhs sixteen thousand and forty three only) with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep Kumar.C.L.
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayakumari
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Original cheque bearing No.087250, Cheque dishonour memo
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- RI. G.S.Sanal Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.8,16,043/- with interest from the defendant.
Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.8,16,043/- with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant and her assets both movable and immovable.
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:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque bearing No.087250 for an amount of Rs.8,00,000/- was issued by the defendant in favor of the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
The cheque dishonour memo dated 16/04/2019 indicated that the cheque was dishonoured due to 'Funds Insufficient'.
Reference:
Ext.A2
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
O.S.NO.
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act