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ST.138/2019

Case between Fathima Rasheed vs Gazal Mohammed regarding dishonour of cheques

Court
JUDICIAL FIRST CLASS MAGISTRATE-II, VAIKOM
Judge
Miss. Abhinimol Rajendran
Order Date
2025-12-30
Duration
approximately-6 years 8 months 22 days
Case Code No.
138
Case Closed
Tue, 12/30/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Fathima Rasheed filed a complaint against Gazal Mohammed for dishonour of cheques issued as a repayment for funds invested in his business. The court found the accused not guilty of the alleged offence under section 138 of the Negotiable Instruments Act.

Judgment Outcome

Defendant Won
Interim Order
The accused was found not guilty of the offence punishable under section 138 of the Negotiable Instruments Act and was acquitted.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The accused was found not guilty of the offence punishable under section 138 of the Negotiable Instruments Act and was acquitted.
Key Reasoning:
The complainant failed to prove that the accused issued the cheques in discharge of a legally enforceable debt.
Why Defendant Won:
The complainant failed to prove that the accused issued the cheques in discharge of a legally enforceable debt.
Supporting Evidence
Considering the evidence in its totality, the complainant failed to prove that the accused issued Exts. P1 and P5 cheques in discharge of a legally enforceable debt.

Judgment Evidence:

In the result, the accused is found not guilty of the offence punishable u/s. 138 of the Negotiable Instruments Act, and he is acquitted under Section 255 (1) of the CrPC.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Fathima Rasheed
Party Age
31
Relation
W/o
Party Role
Defendant
Party Name
Gazal Mohammed
Party Age
32
Relation
S/o
Plaintiffs Documents
Cheque bearing No.407286 dated 28.02.2019 for Rs.3,00,000/- drawn on Federal Bank Ltd., Trikkakra branch, Office copy of lawyer's notice dated 02.04.2019.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv. Subhash Chandran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.M. Banseer
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vishal Ajayan V.
Appearance Type
Assisting Counsel

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque bearing No.407286 dated 28.02.2019 for Rs.3,00,000/- drawn on Federal Bank Ltd., Trikkakra branch.
Reference:
Ext.P1
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Cheque return memo dated 11.03.2019.
Reference:
Ext.P2
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Office copy of lawyer's notice dated 02.04.2019.
Reference:
Ext.P3
Document Type: A/d Card
Submitted By: Plaintiff
Relevance:
A/D card.
Reference:
Ext.P4
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque bearing No.993921 dated 28.02.2019 for Rs.4,00,000/- drawn on State Bank of India, M.G road branch.
Reference:
Ext.P5
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Cheque return memo dated 08.03.2019.
Reference:
Ext.P6
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Office copy of lawyer's notice dated 01.04.2019.
Reference:
Ext.P7
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.P8
Document Type: A/d Card
Submitted By: Plaintiff
Relevance:
A/D card.
Reference:
Ext.P9

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
ST.
Case Code Year
2019

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Vaikom
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Thu, 04/18/2019 - 12:00
Case Closed
Tue, 12/30/2025 - 12:00
From
Wed, 10/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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