KAMLESHBHAI KHIMAJIBHAI BARAIYA vs STATE OF GUJARAT THROUGH DGP BHAVNAGAR Advocate - APP — 95/2025
Case under Code of Criminal Procedure Section 374(3). Disposed: Contested--REJECTED on 30th April 2026.
CR A - CRIMINAL APPEAL
CNR: GJBN010021842025
Filing Number
95/2025
Filing Date
03-May-2025
Registration No
95/2025
Registration Date
03-May-2025
Court
DISTICT AND SESSIONS COURT, BHAVNAGAR
Judge
1-Principal District Judge
Decision Date
30-Apr-2026
Nature of Disposal
Contested--REJECTED
Last updated 31-May-2026
Acts & Sections
Petitioner(s)
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1.KAMLESHBHAI KHIMAJIBHAI BARAIYA
Adv. K A VYAS
Respondent(s)
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1.STATE OF GUJARAT THROUGH DGP BHAVNAGAR Advocate - APP (Assistant Public Prosecutor)
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2.HARDEVSINH JETHUBHA GOHIL
Adv. P P JADEJA
Case History
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Case disposedDisposed
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30-Apr-2026
JudegementView PDF
Case Summary: Criminal Appeal 95-2025 Kamleshbhai Khimajibhai Baraiya v. State of Gujarat & Hardevsinh Jethubha Gohil Court Decision The appellate court dismissed the appeal and upheld the trial court's conviction, finding that the accused (Kamleshbhai) committed an offense under the Negotiable Instruments Act, 1881 (cheque dishonor case). The accused was sentenced to six months imprisonment, a fine of Rs. 1,50,000, with the amount to be paid as compensation to the complainant, or two additional months imprisonment in default. Key Reasoning The court found that the accused issued a check for Rs. 1,50,000 to settle a legitimate debt/liability to the complainant (restaurant owner Hardevsinh Gohil). The check was dishonored due to insufficient funds. The trial court properly applied statutory presumptions under Sections 138 and 139 of the Negotiable Instruments Act, and the accused failed to produce credible evidence rebutting the presumption of a lawful debt. The evidence—including the check itself, bank return memo, and demand notice—established all elements of the offense beyond reasonable doubt. This case analysis is maintained by casestatus.in based on publicly available court records.
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30-Apr-2026
Disposed
Principal District Judge
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17-Apr-2026
Judgement
Principal District Judge
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02-Apr-2026
Final Hearing
Principal District Judge
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13-Mar-2026
Final Hearing
Principal District Judge
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27-Feb-2026
Final Hearing
Principal District Judge
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28-Jan-2026
Final Hearing
Principal District Judge
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31-Dec-2025
Final Hearing
Principal District Judge
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15-Nov-2025
Final Hearing
Principal District Judge
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30-Oct-2025
Final Hearing
Principal District Judge
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30-Sep-2025
Final Hearing
Principal District Judge
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20-Aug-2025
Final Hearing
Principal District Judge
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01-Aug-2025
Final Hearing
Principal District Judge
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17-Jun-2025
Final Hearing
Principal District Judge
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03-Jun-2025
First hearing
Initial hearing scheduled
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03-May-2025
Case filed
Registration No. 95/2025
Case Summary: Criminal Appeal 95-2025 Kamleshbhai Khimajibhai Baraiya v. State of Gujarat & Hardevsinh Jethubha Gohil Court Decision The appellate court dismissed the appeal and upheld the trial court's conviction, finding that the accused (Kamleshbhai) committed an offense under the Negotiable Instruments Act, 1881 (cheque dishonor case). The accused was sentenced to six months imprisonment, a fine of Rs. 1,50,000, with the amount to be paid as compensation to the complainant, or two additional months imprisonment in default. Key Reasoning The court found that the accused issued a check for Rs. 1,50,000 to settle a legitimate debt/liability to the complainant (restaurant owner Hardevsinh Gohil). The check was dishonored due to insufficient funds. The trial court properly applied statutory presumptions under Sections 138 and 139 of the Negotiable Instruments Act, and the accused failed to produce credible evidence rebutting the presumption of a lawful debt. The evidence—including the check itself, bank return memo, and demand notice—established all elements of the offense beyond reasonable doubt. This case analysis is maintained by casestatus.in based on publicly available court records.
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