Case Summary
Complainant filed a case against the accused for dishonoring a cheque issued towards repayment of a loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Compensation of Rs.2,15,000 and 3 months simple imprisonment
Case Type
Criminal Case - Cheque Dishonor
Final Judgment
No
Why Plaintiff Won:
The accused failed to prove the cheque was given as security in connection with another loan, while complainant provided sufficient evidence of the cheque issued for a debt.
The accused failed to prove the cheque was given as security in connection with another loan, while complainant provided sufficient evidence of the cheque issued for a debt.
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.2,15,000/- to the complainant and that the accused has committed the offence punishable u/s. 138 of the Negotiable Instruments Act by the non-payment of amount within statutory period.
Parties Involved
Plaintiffs
Sreenivasan (47 years)
Areekunnath House, Pachattiri. P.O. Tirur Taluk, Malappuram District
Defendants
Abdul Azeez (Not mentioned years)
Puthuveettil House, Tirur Taluk, Vengalur desom, Vengalur P.O
Reliefs
Relief Type:
Compensation
Outcome:
Granted
Description:
Compensation of Rs.2,15,000 and 3 months simple imprisonment
Evidence:
The accused is found guilty and sentenced to undergo simple imprisonment for 3 months and to pay compensation of Rs.2,15,000 to the complainant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proof of the cheque issued by the accused towards loan repayment.
Reference:
Ext.P1
Document Type:
Legal Notices
Submitted By:
Plaintiff
Relevance:
Notified accused regarding dishonored cheque and payment demand.
Reference:
Ext.P4