SHREE RAM TRANSPORT FINANCE CO.LTD vs BHIMJIBHAI KHIMJIBHAI GHODAKIYA Advocate - R D GIDA — 2401/2023
Case under Negotiable Instruments Act, 1881 Section 138. Disposed: Contested--JUDGMENT BY ACQUITTAL on 06th May 2026.
CC - CRIMINAL CASE
CNR: GJBT020027392023
Filing Number
2401/2023
Filing Date
19-May-2023
Registration No
2401/2023
Registration Date
19-May-2023
Court
CIVIL COURT, BOTAD
Judge
4-Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
Decision Date
06-May-2026
Nature of Disposal
Contested--JUDGMENT BY ACQUITTAL
Last updated 11-Jun-2026
Acts & Sections
Petitioner(s)
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1.SHREE RAM TRANSPORT FINANCE CO.LTD
Adv. H M KUKADIYA
Respondent(s)
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1.BHIMJIBHAI KHIMJIBHAI GHODAKIYA Advocate - R D GIDA
Case History
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Case disposedDisposed
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06-May-2026
Judegement
Case Summary: 2401/2023 Court Decision: The Chief Judicial Magistrate acquitted the accused Bhimjibhai Khimjibhai Ghodakiya of charges under the Negotiable Instrument Act, Section 138, finding the complainant failed to establish that the bounced cheque was issued for a legally enforceable debt within the 3-year statutory limitation period. Key Reasoning: The court determined that while a cheque of ₹80,000 was returned with "Wrongly Presented Item" reason, the loan transaction occurred on 11-01-2017, but the cheque was deposited on 11-03-2023—nearly 6 years later, well beyond the 3-year limitation. The court held that without proving a legally enforceable debt within the statutory period or written acknowledgment extending the debt within 3 years, the cheque could not attract Section 138 NI Act charges. This case analysis is maintained by casestatus.in based on publicly available court records.
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06-May-2026
Disposed
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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15-Apr-2026
Hearing
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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16-Mar-2026
Hearing
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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18-Feb-2026
Final Arguments
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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04-Feb-2026
Final Arguments
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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21-Jan-2026
Final Arguments
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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05-Jan-2026
Final Arguments
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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15-Dec-2025
Final Arguments
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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19-Nov-2025
Final Arguments
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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01-Nov-2025
Evidence Of Defence
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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08-Oct-2025
Evidence Of Defence
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
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20-Sep-2025
Evidence Of Defence
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
-
10-Sep-2025
Evidence Of Defence
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
-
13-Aug-2025
Evidence Of Defence
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
-
16-Jul-2025
Evidence Of Defence
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
-
18-Jun-2025
Evidence Of Defence
Chief Judicial Magistrate & Addl. Sr. CIVIL Judge
-
29-May-2025
Evidence Of Defence
4Th Addl CIVIL Judge & JMFC
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14-May-2025
Evidence Of Defence
3Rd Addl CIVIL Judge & JMFC
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16-Apr-2025
Further Statement
3Rd Addl CIVIL Judge & JMFC
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13-Mar-2025
Further Statement
3Rd Addl CIVIL Judge & JMFC
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17-Feb-2025
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
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22-Jan-2025
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
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23-Dec-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
11-Dec-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
25-Nov-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
28-Oct-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
03-Oct-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
25-Sep-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
28-Aug-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
24-Jul-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
26-Jun-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
21-Jun-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
28-May-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
-
24-Apr-2024
Evidence Of Complainant
3Rd Addl CIVIL Judge & JMFC
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06-Mar-2024
Evidence Of Complainant
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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24-Jan-2024
Notice To Opponents
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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06-Dec-2023
Notice To Opponents
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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26-Oct-2023
Notice To Opponents
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
-
09-Sep-2023
Notice To Opponents
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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19-Jul-2023
Notice To Opponents
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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19-May-2023
First hearing
Initial hearing scheduled
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19-May-2023
Case filed
Registration No. 2401/2023
Case Summary: 2401/2023 Court Decision: The Chief Judicial Magistrate acquitted the accused Bhimjibhai Khimjibhai Ghodakiya of charges under the Negotiable Instrument Act, Section 138, finding the complainant failed to establish that the bounced cheque was issued for a legally enforceable debt within the 3-year statutory limitation period. Key Reasoning: The court determined that while a cheque of ₹80,000 was returned with "Wrongly Presented Item" reason, the loan transaction occurred on 11-01-2017, but the cheque was deposited on 11-03-2023—nearly 6 years later, well beyond the 3-year limitation. The court held that without proving a legally enforceable debt within the statutory period or written acknowledgment extending the debt within 3 years, the cheque could not attract Section 138 NI Act charges. This case analysis is maintained by casestatus.in based on publicly available court records.
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