Case Summary
V.K. Shakeela filed a suit against S. Sajan for recovery of a loan amount of Rs.1,80,000 that was not repaid. The court found that the defendant had issued a cheque which was returned unpaid due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.1,80,000 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that V.K. Shakeela is entitled to recover Rs.1,80,000 with interest from S. Sajan. The defendant is also required to pay the costs of the suit.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and sufficient to support her claim.
The evidence presented by the plaintiff was unchallenged and sufficient to support her claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff’s evidence remains unchallenged. There is no contra evidence on record.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs.1,80,000 with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realisation of the suit from the defendant and his assets. 2.The defendant shall pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.K. Shakeela
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- S. Sajan
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.657784 dated 04/03/2024, Return memo report dated 05/03/2024, Legal notice dated 26/03/2024, Postal receipt, Acknowledgment card of legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Neyyattinara P. Nagaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the sum of ₹1,80,000 along with interest from the defendant.
Evidence:
From the available evidence, the plaintiff is entitled for a decree for realization of 1,80,000/- from the defendant as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the 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:
This document was the cheque issued by the defendant for the amount borrowed by him.
Reference:
Ext.A1
Document Type:
Return Memo Report
Submitted By:
Plaintiff
Relevance:
This document indicates that the cheque presented by the plaintiff was returned unpaid due to insufficient funds.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice sent to the defendant demanding repayment of the dishonoured cheque amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the legal notice was sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document shows that the defendant acknowledged the receipt of the legal notice.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
This refers to the testimony given by the plaintiff as evidence.
Reference:
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
Case between V.K. Shakeela vs S. Sajan regarding recovery of money
Case Code Year
Case between V.K. Shakeela vs S. Sajan regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act