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.

Case disposed

CC - CRIMINAL CASE

CNR: GJBT030037962019

Filing Number

1549/2019

Filing Date

24-Dec-2019

Registration No

1549/2019

Registration Date

24-Dec-2019

Court

TALUKA COURT, GADHADA

Judge

1-Principal CIVIL Judge & J.M.F.C

Decision Date

06-Jun-2026

Nature of Disposal

Contested--JUDGMENT BY CONVICTION

Last updated 11-Jun-2026

Acts & Sections

Negotiable Instruments Act, 1881 Section 138

Petitioner(s)

  1. 1.NARANBHAI GAGABHAI ALIAS GAGJIBHAI RAJAIYA

    Adv. M.V.SOJITRA

Respondent(s)

  1. 1.SHANTIBHAI DILUBHAI GADHAVI Advocate - D.A.MALVANIYA

Case History

  1. Case disposedDisposed

  2. 06-Jun-2026

    JudegementView PDF

    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.

  3. 06-Jun-2026

    Disposed

    Principal CIVIL Judge & J.M.F.C

  4. 30-May-2026

    Judgement

    Principal CIVIL Judge & J.M.F.C

  5. 06-May-2026

    Judgement

    Principal CIVIL Judge & J.M.F.C

  6. 05-May-2026

    Final Arguments

    Principal CIVIL Judge & J.M.F.C

  7. 04-May-2026

    Final Arguments

    Principal CIVIL Judge & J.M.F.C

  8. 22-Apr-2026

    Final Arguments

    Principal CIVIL Judge & J.M.F.C

  9. 09-Apr-2026

    Evidence Of Defence

    Principal CIVIL Judge & J.M.F.C

  10. 16-Mar-2026

    Evidence Of Defence

    Principal CIVIL Judge & J.M.F.C

  11. 21-Feb-2026

    Evidence Of Defence

    Principal CIVIL Judge & J.M.F.C

  12. 04-Feb-2026

    Evidence Of Defence

    Principal CIVIL Judge & J.M.F.C

  13. 27-Jan-2026

    Further Statement

    Principal CIVIL Judge & J.M.F.C

  14. 17-Jan-2026

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  15. 05-Jan-2026

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  16. 29-Dec-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  17. 08-Dec-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  18. 27-Nov-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  19. 07-Nov-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  20. 06-Nov-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  21. 09-Oct-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  22. 04-Oct-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  23. 18-Sep-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  24. 12-Aug-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  25. 24-Jul-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  26. 26-Jun-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  27. 19-May-2025

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  28. 08-Apr-2025

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  29. 27-Feb-2025

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  30. 20-Jan-2025

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  31. 27-Dec-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  32. 02-Dec-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  33. 19-Nov-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  34. 15-Oct-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  35. 23-Sep-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  36. 20-Aug-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  37. 11-Jul-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  38. 10-Jun-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  39. 29-Apr-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  40. 19-Mar-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  41. 31-Jan-2024

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  42. 28-Dec-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  43. 23-Nov-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  44. 18-Oct-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  45. 13-Sep-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  46. 01-Aug-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  47. 14-Jul-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  48. 14-Jun-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  49. 03-May-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  50. 28-Mar-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  51. 20-Feb-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  52. 30-Jan-2023

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  53. 28-Dec-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  54. 23-Nov-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  55. 14-Oct-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  56. 14-Sep-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  57. 30-Aug-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  58. 10-Aug-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  59. 22-Jul-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  60. 06-Jul-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  61. 04-Jun-2022

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  62. 29-Apr-2022

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  63. 30-Mar-2022

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  64. 10-Feb-2022

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  65. 01-Jan-2022

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  66. 26-Nov-2021

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  67. 28-Oct-2021

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  68. 07-Oct-2021

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  69. 04-Sep-2021

    Evidence Of Prosecution

    Principal CIVIL Judge & J.M.F.C

  70. 17-Aug-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  71. 28-Jul-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  72. 22-Jul-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  73. 17-Jul-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  74. 27-May-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  75. 06-Apr-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  76. 04-Mar-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  77. 29-Jan-2021

    Plea

    Principal CIVIL Judge & J.M.F.C

  78. 26-Nov-2020

    Plea

    Principal CIVIL Judge & J.M.F.C

  79. 12-Nov-2020

    Plea

    Principal CIVIL Judge & J.M.F.C

  80. 14-Sep-2020

    Plea

    Principal CIVIL Judge & J.M.F.C

  81. 13-Jul-2020

    Plea

    Principal CIVIL Judge & J.M.F.C

  82. 28-Apr-2020

    Plea

    Principal CIVIL Judge & J.M.F.C

  83. 21-Mar-2020

    Plea

    Principal CIVIL Judge & J.M.F.C

  84. 17-Feb-2020

    Plea

    Principal CIVIL Judge & J.M.F.C

  85. 24-Jan-2020

    First hearing

    Initial hearing scheduled

  86. 24-Dec-2019

    Case filed

    Registration No. 1549/2019

casestatus.in Summary

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.

Explore other courts

High Courts Supreme Court
Search Another Case