SHANTIBHAI AMBALAL PATEL vs PATEL SURESHBHAI KODARBHAI Advocate - M A SHAIKH — 438/2021
Case under Negotiable Instruments Act, 1881 Section 138. Disposed: Contested--JUDGMENT BY CONVICTION on 25th May 2026.
CC - CRIMINAL CASE
CNR: GJKH050006472021
Filing Number
438/2021
Filing Date
28-Apr-2021
Registration No
438/2021
Registration Date
28-Apr-2021
Court
TALUKA COURT, KAPADVANJ
Judge
5-Addl. Sr. CIVIL Judge & A.C.J.M.
Decision Date
25-May-2026
Nature of Disposal
Contested--JUDGMENT BY CONVICTION
Last updated 10-Jul-2026
Acts & Sections
Petitioner(s)
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1.SHANTIBHAI AMBALAL PATEL
Adv. J.S.SOLANKI
Respondent(s)
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1.PATEL SURESHBHAI KODARBHAI Advocate - M A SHAIKH
Case History
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Case disposedDisposed
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25-May-2026
JudegementView PDF
Case Summary: Shantibhai Ambalal Patel v. Patel Sureshbhai Kodarbhai Court Decision: The Additional Chief Judicial Magistrate, Kapadvanj, found the accused Patel Sureshbhai Kodarbhai guilty under Section 138 of the Negotiable Instruments Act for issuing a cheque of ₹1,75,000 that bounced due to insufficient funds. The court sentenced him to 6 months simple imprisonment and ordered him to pay ₹1,75,000 as compensation plus ₹35,000 towards court costs within 30 days. Key Reasoning: The court applied the statutory presumption under Section 139 of the NI Act that the cheque was issued for a legally enforceable debt. The accused failed to rebut this presumption or present any evidence disproving the transaction, thereby establishing guilt beyond reasonable doubt under Section 138. This case analysis is maintained by casestatus.in based on publicly available court records.
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25-May-2026
Disposed
Addl. Sr. CIVIL Judge & A.C.J.M.
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11-May-2026
Final Arguments
Addl. Sr. CIVIL Judge & A.C.J.M.
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22-Apr-2026
Final Arguments
Addl. Sr. CIVIL Judge & A.C.J.M.
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15-Apr-2026
Final Arguments
Addl. Sr. CIVIL Judge & A.C.J.M.
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08-Apr-2026
Final Arguments
Addl. Sr. CIVIL Judge & A.C.J.M.
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27-Mar-2026
Further Statement
Addl. Sr. CIVIL Judge & A.C.J.M.
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25-Mar-2026
Further Statement
Addl. Sr. CIVIL Judge & A.C.J.M.
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28-Feb-2026
Further Statement
Addl. Sr. CIVIL Judge & A.C.J.M.
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21-Feb-2026
Further Statement
Addl. Sr. CIVIL Judge & A.C.J.M.
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06-Feb-2026
Evidence Of Complainant-146
Addl. Sr. CIVIL Judge & A.C.J.M.
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31-Jan-2026
Evidence Of Complainant-146
Addl. Sr. CIVIL Judge & A.C.J.M.
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23-Jan-2026
Evidence Of Complainant-146
Addl. Sr. CIVIL Judge & A.C.J.M.
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16-Jan-2026
Evidence Of Complainant-146
Addl. Sr. CIVIL Judge & A.C.J.M.
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24-Dec-2025
Evidence Of Complainant-146
Addl. Sr. CIVIL Judge & A.C.J.M.
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12-Dec-2025
Evidence Of Complainant-146
Addl. Sr. CIVIL Judge & A.C.J.M.
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26-Nov-2025
Evidence Of Complainant-146
Addl. Sr. CIVIL Judge & A.C.J.M.
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29-Oct-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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17-Sep-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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25-Aug-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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14-Aug-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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31-Jul-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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03-Jul-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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20-Jun-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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06-Jun-2025
Process To Accused
Addl. Sr. CIVIL Judge & A.C.J.M.
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08-Apr-2025
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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21-Jan-2025
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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25-Oct-2024
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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30-Aug-2024
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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28-Jun-2024
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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26-Apr-2024
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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23-Feb-2024
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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22-Dec-2023
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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07-Oct-2023
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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18-Aug-2023
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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26-Jun-2023
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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08-May-2023
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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06-Mar-2023
Process To Accused
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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28-Dec-2022
Process To Accused
Addi CIVIL Judge & J.M.F.C
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05-Dec-2022
Process To Accused
Addi CIVIL Judge & J.M.F.C
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08-Oct-2022
Process To Accused
Addi CIVIL Judge & J.M.F.C
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22-Aug-2022
Process To Accused
Addi CIVIL Judge & J.M.F.C
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20-Jun-2022
Process To Accused
Addi CIVIL Judge & J.M.F.C
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30-Apr-2022
Process To Accused
Addi CIVIL Judge & J.M.F.C
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07-Mar-2022
Process To Accused
Addi CIVIL Judge & J.M.F.C
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17-Dec-2021
Process To Accused
Addi CIVIL Judge & J.M.F.C
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14-Oct-2021
Process To Accused
Addi CIVIL Judge & J.M.F.C
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29-Jul-2021
Process To Accused
Addi CIVIL Judge & J.M.F.C
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29-Apr-2021
First hearing
Initial hearing scheduled
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28-Apr-2021
Case filed
Registration No. 438/2021
Case Summary: Shantibhai Ambalal Patel v. Patel Sureshbhai Kodarbhai Court Decision: The Additional Chief Judicial Magistrate, Kapadvanj, found the accused Patel Sureshbhai Kodarbhai guilty under Section 138 of the Negotiable Instruments Act for issuing a cheque of ₹1,75,000 that bounced due to insufficient funds. The court sentenced him to 6 months simple imprisonment and ordered him to pay ₹1,75,000 as compensation plus ₹35,000 towards court costs within 30 days. Key Reasoning: The court applied the statutory presumption under Section 139 of the NI Act that the cheque was issued for a legally enforceable debt. The accused failed to rebut this presumption or present any evidence disproving the transaction, thereby establishing guilt beyond reasonable doubt under Section 138. This case analysis is maintained by casestatus.in based on publicly available court records.
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