KAMLESHBHAI KHIMAJIBHAI BARAIYA vs STATE OF GUJARAT THROUGH DGP BHAVNAGAR Advocate - APP — 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.