🚨 Supreme Court Grants Interim Relief in Cheque Bounce Case Involving Alleged Mistaken Identity

In a twist-laden legal saga spanning over two decades, the Supreme Court has granted interim relief to one CK Abdurahiman, who claims he has been wrongly convicted for issuing a dishonoured cheque that was allegedly signed by a different individual—CK Abdullakutty.

The apex court’s relief came in the case titled CK Abdurahiman @ Manu v. Mukkath Marakkar Haji & Anr, where Abdurahiman challenged a conviction under Section 138 of the Negotiable Instruments Act, 1881.

⚖️ Supreme Court Steps In

On June 23, 2025, a Bench comprising Justice Sandeep Mehta and Justice Joymalya Bagchi admitted Abdurahiman’s appeal, suspended his sentence, and granted interim bail, subject to one condition:

🏦 He must deposit ₹10 lakh—half the amount of the disputed cheque—with the Registry of the Court.

The matter will now be heard in detail on August 12, 2025.

🕵️‍♂️ Case Background: A Tale of Two Names

The dispute dates back to a 1998 agreement involving the sale of a rubber estate in Kerala between the complainant Mukkath Marakkar Haji and, allegedly, CK Abdurahiman.

In May 1999, a cheque for ₹20 lakh was issued in the complainant’s favor.
However, in November 1999, the cheque bounced due to insufficient funds.
Notably, the cheque was drawn not by Abdurahiman, but from the account of a C. Abdullakutty.

Despite this, a legal notice was served to Abdurahiman, who was then booked and prosecuted for cheque dishonour.

⚖️ Trial & Appeals: The Legal Rollercoaster

In 2004, a Magistrate Court in Perinthalmanna convicted Abdurahiman under Section 138.
In 2006, a Sessions Court overturned the conviction, finding merit in his defence.
However, the complainant then approached the Kerala High Court, which in December 2024 restored the conviction, rejecting what it called a "strange defence" of mistaken identity.

🔍 What the High Court Found

The High Court relied on:

Testimonies of three bank witnesses who identified Abdurahiman as the signatory.
The fact that both 'CK Abdullakutty' and 'CK Abdurahiman' shared the same house name.
The conclusion that signature discrepancies were not decisive, as people may not sign identically every time.

Yet, the Court acknowledged the signatures were not identical and also reduced the sentence to simple imprisonment till the rising of the Court, while directing Abdurahiman to pay ₹23 lakh in compensation.

🧑‍⚖️ Now Before the Supreme Court

Arguing that he was never a party to the property deal and never held the account from which the cheque was issued, Abdurahiman has taken his fight to the Supreme Court.

His legal team, led by Advocates Sriram Parakkat, Deepak Prakash, Gayathri Muraleedharan, Nachiketa Vajpayee, and others, contends that the wrong person was convicted in a clear case of mistaken identity.

📌 Why This Matters

This case raises critical questions about:

Evidentiary standards in cheque bounce cases
The burden of proof in allegations of mistaken identity
The potential for misuse of the legal process under the Negotiable Instruments Act

The Supreme Court’s final decision could shape the legal contours of how courts differentiate between parties with similar names, especially in financial disputes.

📝 Conclusion: With interim bail granted and a substantial deposit made, CK Abdurahiman now waits as the apex court prepares to decide whether he has been a victim of mistaken identity—or a culpable defaulter hiding behind a name game.

The case is next listed on August 12, 2025.

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