RAGHUBHAI SHANKARBHAI PATEL vs NARESH DALPATBHAI MALHOTRA Advocate - N Y SHUKLA — 45/2026

Case under The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 438. Disposed: Contested--DISMISSED on 02nd April 2026.

Case disposed

CR RA - CRIMINAL REVISION APPLICATION

CNR: GJAH010013042026

Filing Number

45/2026

Filing Date

24-Feb-2026

Registration No

45/2026

Registration Date

24-Feb-2026

Court

Ahmedabad District

Judge

2-10th Addl District Judge

Decision Date

02-Apr-2026

Nature of Disposal

Contested--DISMISSED

Last updated 31-May-2026

Acts & Sections

The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 438
Negotiable Instruments Act, 1881 Section 138

Petitioner(s)

  1. 1.RAGHUBHAI SHANKARBHAI PATEL

    Adv. B P BHATT

Respondent(s)

  1. 1.NARESH DALPATBHAI MALHOTRA Advocate - N Y SHUKLA

  2. 2.THE STATE OF GUJARAT

    Adv. P M TRIVEDI

Case History

  1. Case disposedDisposed

  2. 02-Apr-2026

    JudegementView PDF

    Case Summary: Criminal Revision Application No. 45/2026 Court Decision: The 10th Additional Sessions Judge dismissed the revision application, upholding the trial court's order directing Raghubhai Patel to pay 20% interim compensation (₹10 lakh) to complainant Naresh Malhotra under Section 143-A of the Negotiable Instruments Act for a dishonored cheque of ₹50 lakhs. Key Reasoning: The court found the trial court properly exercised discretion after considering the prima facie case—Patel received ₹6.25 crores from Malhotra as investment, executed sale agreements for properties, then sold those properties to third parties and issued the dishonored cheque. The court rejected arguments that the cheque was signed in partnership capacity or that the presumption under Section 139 alone justified compensation, holding that the trial court adequately recorded reasons and balanced both parties' rights. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 02-Apr-2026

    Disposed

    10th Addl District Judge

  4. 30-Mar-2026

    Judgement

    10th Addl District Judge

  5. 13-Mar-2026

    Judgement

    10th Addl District Judge

  6. 10-Mar-2026

    First hearing

    Initial hearing scheduled

  7. 24-Feb-2026

    Case filed

    Registration No. 45/2026

casestatus.in Summary

Case Summary: Criminal Revision Application No. 45/2026 Court Decision: The 10th Additional Sessions Judge dismissed the revision application, upholding the trial court's order directing Raghubhai Patel to pay 20% interim compensation (₹10 lakh) to complainant Naresh Malhotra under Section 143-A of the Negotiable Instruments Act for a dishonored cheque of ₹50 lakhs. Key Reasoning: The court found the trial court properly exercised discretion after considering the prima facie case—Patel received ₹6.25 crores from Malhotra as investment, executed sale agreements for properties, then sold those properties to third parties and issued the dishonored cheque. The court rejected arguments that the cheque was signed in partnership capacity or that the presumption under Section 139 alone justified compensation, holding that the trial court adequately recorded reasons and balanced both parties' rights. This case analysis is maintained by casestatus.in based on publicly available court records.

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