Narendra Kababhai Rakholiya vs Partnar of Vishavam Info ( — 445/2023

Judegement

Summary Case: Criminal Case No. 445/2023, J.M.F.C. Court, Bhesan Court's Decision: The court acquitted all accused persons named in the case—the representatives of Vishavam Info (a partnership enterprise) and other named individuals—of charges under the Negotiable Instruments Act, 1881. The accused were charged with issuing a check for ₹2,00,000 that bounced due to insufficient funds. Key Reasoning: The court found that the complainant (petitioner) failed to establish a legally enforceable debt owed by the accused at the time the check was issued. While statutory presumptions under Sections 118 and 139 of the Act normally favor the check holder, these presumptions are rebuttable. The accused successfully raised probable defense showing the underlying liability was time-barred under the Limitation Act, and the complainant produced no documentary evidence (account statements, loan agreements, or acknowledgments) proving an outstanding debt on the check's issue date. Consequently, the presumption stood rebutted, and the prosecution failed to prove guilt beyond reasonable doubt. This case analysis is maintained by casestatus.in based on publicly available court records.

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First hearing

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Case filed

Registration No. 445/2023