Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
S.T. 93/2020

Case between Thomas C Kondody vs Ibrahim Fazil regarding dishonour of cheque

Court
COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE – V
Judge
Smt. Indu P Raj
Order Date
2025-08-12
Duration
approximately-6 years 9 months
Case Code No.
93
Case Closed
Tue, 08/12/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Thomas C Kondody, the complainant and proprietor of Kondody Bankers, alleged that Ibrahim Fazil issued a cheque that bounced due to insufficient funds. The case was tried under the Negotiable Instruments Act.

Judgment Outcome

Defendant Won
Interim Order
The court found the accused not guilty for the offence under the Negotiable Instruments Act and acquitted him. The complaint was dismissed as time-barred.
Judgment Favored
Defendant
Relief Granted
Case Type
Criminal Case
Final Judgment
No
The court found the accused not guilty for the offence under the Negotiable Instruments Act and acquitted him. The complaint was dismissed as time-barred.
Key Reasoning:
The complaint was found to be technically time-barred due to not being filed within 30 days of the cause of action.
Why Defendant Won:
Not available
Supporting Evidence
the complaint is technically time barred and is not maintainable.

Judgment Evidence:

In the result, the accused is found not guilty for offence punishable U/s.138 of Negotiable Instrument Act. Therefore, the accused is acquitted U/s. 255(1) Cr.P.C.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thomas C Kondody
Party Role
Defendant
Party Name
Ibrahim Fazil
Plaintiffs Documents
Money lending license, Cheque bearing no.870269 for ₹51,000, Dishonour memo, Lawyer’s notice, Postal receipt, Acknowledgment card
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
N Gopalakrishnan & Unnikrishnan G
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rajan K Nair
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The complaint was dismissed due to being time-barred.
Evidence:
this court finds that the complaint is not maintainable and is technically time-barred.

Documents & Evidence

Document Type: Money lending license
Submitted By: Plaintiff
Relevance:
Established the complainant's authority to lend money.
Reference:
Ext.P1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The cheque issued by the accused in discharge of the loan.
Reference:
Ext.P2
Document Type: Dishonour memo
Submitted By: Plaintiff
Relevance:
Demonstrated that the cheque was returned unpaid.
Reference:
Ext.P3
Document Type: Lawyer’s Notice
Submitted By: Plaintiff
Relevance:
Showed that the complainant informed the accused of the dishonour.
Reference:
Ext.P4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Provided proof of sending the notice to the accused.
Reference:
Ext.P5
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Confirmed receipt of the statutory notice by the accused.
Reference:
Ext.P6

Case Classification

Case Type
Criminal Case
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
S.T.
Case Code Year
2020

Case Flags

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

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sun, 11/11/2018 - 12:00
Case Closed
Tue, 08/12/2025 - 12:00
From
Fri, 08/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Similar Cases

Case between M/s. Sree Gokulam Chit & Finance, Co.(P) Ltd vs Rijo Jacob regarding cheque dishonour under Section 138 of the Negotiable Instruments Act
IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE – V
Criminal Case Plaintiff Won
Case between M/s Sree Gokulam Chit & Finance Co. (P) Ltd. vs Movish M.R regarding offence under Section 138 of the Negotiable Instruments Act
Judicial First Class Magistrate – IV Kottayam
Criminal Case Defendant Won
Case between M/s. Keerthi Hire Purchase and Credits Ltd. vs Pandi Rajeswari regarding dishonour of cheque
COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE – IV KOTTAYAM
Criminal Case Defendant Won
Case between Sanju Raju vs Rajesh P.R. regarding dishonor of cheque
COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE – IV
Criminal Case Defendant Won
Case between Shriram Transport Finance Co.Ltd vs Abey regarding dishonor of cheque
COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE – IV
Criminal Case Defendant Won