Case Summary
The plaintiff, Shajikumar.B, is suing the defendant, Sreekumar, for the recovery of Rs.2,00,000/- that was borrowed. The defendant issued a non-CTS cheque which was not accepted, leading to the lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,00,000/- with future interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs.2,00,000/- along with interest from the defendant. The defendant is also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to support his claim.
The plaintiff provided sufficient evidence to support his claim.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to support his claim.
The plaintiff provided sufficient evidence to support his claim.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit. There is no reason to disbelieve PW1. The plaintiff’s evidence remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs.2,00,000/- with future interest at the rate of 12% per annum from the date of suit till date of decree and thereafter 6% per annum till the date of realisation from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shajikumar.B
- Party Age
- 43
- Relation
- S.o
- Party Role
- Defendant
- Party Name
- Sreekumar
- Party Age
- 55
Plaintiffs Documents
Cheque bearing No.066002 dated 08/06/2022 for Rs.2,00,000/-, Copy of Advocate Notice dated 20/07/2022, Postal Receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Aji Gopinath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Abhirami
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.2,00,000/- from the defendant.
Evidence:
the plaintiff is entitled for a decree for realization of .2,00,000₹/- from the defendant as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay costs of the suit to the plaintiff.
Evidence:
The defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant to the plaintiff as payment for the borrowed amount, which was found to be a non-CTS cheque.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice sent by the plaintiff to the defendant demanding repayment of the loan amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidencing the sending of the lawyer's notice to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirming receipt of the lawyer's notice by the defendant.
Reference:
Ext.A4
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
OS.NO.
Case Code Year
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act