Case Summary
Sheela. L. Jose lent ₹5,00,000 to Jawahar Bose, who did not repay despite requests. She filed a suit after the cheque given for repayment was dishonored.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit, finding insufficient evidence to prove the defendants' liability to repay the amount.
Key Reasoning:
The court found that the evidence was insufficient to establish a claim against the defendants.
The court found that the evidence was insufficient to establish a claim against the defendants.
Why Defendant Won:
The court found that the evidence was insufficient to establish a claim against the defendants.
The court found that the evidence was insufficient to establish a claim against the defendants.
Supporting Evidence
However, the oral and documentary evidence provided by PW1 does not prove that the amount claimed in the plaint is due from the defendants.
Judgment Evidence:
In the result; the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheela. L. Jose
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jawahar Bose
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hofit Foundation
- Relation
- Represented by
Plaintiffs Documents
Original Cheque bearing No. 410655, Copy of the advocate’s notice, Reply notice, Copy of the plaint in OS 74/2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ashok P. Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
The plaintiff sought to recover an amount of ₹5,00,000/- from the defendants.
Evidence:
In the light of discussions in the forgoing issue, this court is of the view that the plaintiff is not entitled to get the reliefs as prayed for.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque issued by the first defendant was presented for encashment to realize the lent amount.
Reference:
Ext.A1
Document Type:
Copy of the advocate’s notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the defendants informing them about the dishonour of the cheque and requesting payment.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice was a response from the first defendant acknowledging the transaction but raising allegations.
Reference:
Ext.A3
Document Type:
Copy of the plaint in OS 74/2020
Submitted By:
Plaintiff
Relevance:
This document was marked to show the existence of another suit related to the matter concerning the same cheque.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2020
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act