NARANBHAI GAGABHAI ALIAS GAGJIBHAI RAJAIYA vs SHANTIBHAI DILUBHAI GADHAVI Advocate - D.A.MALVANIYA — 1549/2019
Case under Negotiable Instruments Act, 1881 Section 138. Disposed: Contested--JUDGMENT BY CONVICTION on 06th June 2026.
CC - CRIMINAL CASE
CNR: GJBT030037962019
Filing Number
1549/2019
Filing Date
24-12-2019
Registration No
1549/2019
Registration Date
24-12-2019
Court
TALUKA COURT, GADHADA
Judge
1-PRINCIPAL CIVIL JUDGE & J.M.F.C
Decision Date
06th June 2026
Nature of Disposal
Contested--JUDGMENT BY CONVICTION
Acts & Sections
Petitioner(s)
NARANBHAI GAGABHAI ALIAS GAGJIBHAI RAJAIYA
Adv. M.V.SOJITRA
Respondent(s)
SHANTIBHAI DILUBHAI GADHAVI Advocate - D.A.MALVANIYA
Hearing History
Judge: 1-PRINCIPAL CIVIL JUDGE & J.M.F.C
Disposed
JUDGEMENT
JUDGEMENT
FINAL ARGUMENTS
FINAL ARGUMENTS
| Date | Purpose |
|---|---|
| 06-06-2026 | Disposed |
| 30-05-2026 | JUDGEMENT |
| 06-05-2026 | JUDGEMENT |
| 05-05-2026 | FINAL ARGUMENTS |
| 04-05-2026 | FINAL ARGUMENTS |
Final Orders / Judgements
Case Summary: 1549/2019 Court Decision: The court convicted the accused (Shantibhai Dilubhai Gadhavi) of dishonoring a cheque under the Negotiable Instruments Act Section 138, finding that he issued a cheque worth Rs. 10,00,000 that was returned for insufficient funds. The court rejected his defense that the cheque was issued due to a bonafide dispute, as he failed to provide adequate documentary evidence (bank statements, income records) to substantiate his financial incapacity to pay the debt. Key Reasoning: The court held that while Section 139 NI Act permits rebuttal of the presumption of liability, the accused must affirmatively prove lack of funds or valid dispute through credible evidence—bank statements or witness testimony. Applying the *Laxmi Dyechem* precedent on "stop payment" cases, the court found the accused's reliance on mere assertions insufficient when bank documents clearly showed insufficient balance. The cheque's dishonor combined with non-payment despite notice constituted a complete offense under Section 138. This case analysis is maintained by casestatus.in based on publicly available court records.
Case Summary: 1549/2019 Court Decision: The court convicted the accused (Shantibhai Dilubhai Gadhavi) of dishonoring a cheque under the Negotiable Instruments Act Section 138, finding that he issued a cheque worth Rs. 10,00,000 that was returned for insufficient funds. The court rejected his defense that the cheque was issued due to a bonafide dispute, as he failed to provide adequate documentary evidence (bank statements, income records) to substantiate his financial incapacity to pay the debt. Key Reasoning: The court held that while Section 139 NI Act permits rebuttal of the presumption of liability, the accused must affirmatively prove lack of funds or valid dispute through credible evidence—bank statements or witness testimony. Applying the *Laxmi Dyechem* precedent on "stop payment" cases, the court found the accused's reliance on mere assertions insufficient when bank documents clearly showed insufficient balance. The cheque's dishonor combined with non-payment despite notice constituted a complete offense under Section 138. This case analysis is maintained by casestatus.in based on publicly available court records.
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