Case Summary
Complainant Vishnu accused Rejesh of issuing a cheque of Rs.2,00,000 which was dishonored, leading to a legal case under section 138 of the NI Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fine of Rs.2,00,000 to the complainant and compensation under section 357(1)(b) of Cr.P.C
Case Type
Criminal Case - Cheque Dishonour
Final Judgment
No
Why Plaintiff Won:
The complainant successfully proved the execution of the cheque by the accused and non-payment within the statutory period following the dishonour.
The complainant successfully proved the execution of the cheque by the accused and non-payment within the statutory period following the dishonour.
Judgment Evidence:
On the basis of foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of legally enforceable debt of Rs.2,00,000
Parties Involved
Plaintiffs
Vishnu (31 years)
Edayoor. P.O, Poovathumthara desom, Edayoor amsom, Tirur Taluk, Malappuram District
Defendants
Rejesh P. (31 years)
Irimbiliyam amsom desom, Irimbiliyam. P. O, Tirur Taluk
Reliefs
Relief Type:
Fine
Outcome:
Granted
Description:
Fine of Rs.2,00,000 to the complainant and compensation under section 357(1)(b) of Cr.P.C
Evidence:
On the basis of foregoing discussions and evidence on record, I am of the view that the complainant has successfully established that the accused executed and issued Ext. P1 cheque in discharge of legally enforceable debt of Rs.2,00,000
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proof of accused executing and issuing cheque towards debt repayment
Reference:
Ext.P1
Document Type:
Memos
Submitted By:
Plaintiff
Relevance:
Memos showing insufficient funds in accused's bank account
Reference:
Ext.P2, Ext.P3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice demanding payment of cheque amount
Reference:
Ext.P4
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Proof of accused receiving lawyer notice
Reference:
Ext.P5