Ismayil N K vs Seenath — 495/2024

Case Summary: Criminal Appeal No. 495/2024 Court Decision: The appellate court dismissed Ismayil N K's appeal, upholding his conviction under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque. The court confirmed his sentence of simple imprisonment till rising of court and a fine of Rs. 4,60,550/-, with 3 months additional imprisonment in default of fine payment. Key Reasoning: Ismayil borrowed Rs. 3,00,000/- from Seenath and issued a cheque dated 6.12.2018, which was dishonoured for insufficient funds. Despite statutory notice, he failed to pay within 15 days. The court found statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act favoured the complainant and remained unrebutted, as the appellant's defence (that the cheque was for purchasing a jeep and misused) lacked credible evidence. This case analysis is maintained by casestatus.in based on publicly available court records.