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.

Case disposed

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

Negotiable Instruments Act, 1881 Section 138

Petitioner(s)

  1. 1.SHANTIBHAI AMBALAL PATEL

    Adv. J.S.SOLANKI

Respondent(s)

  1. 1.PATEL SURESHBHAI KODARBHAI Advocate - M A SHAIKH

Case History

  1. Case disposedDisposed

  2. 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.

  3. 25-May-2026

    Disposed

    Addl. Sr. CIVIL Judge & A.C.J.M.

  4. 11-May-2026

    Final Arguments

    Addl. Sr. CIVIL Judge & A.C.J.M.

  5. 22-Apr-2026

    Final Arguments

    Addl. Sr. CIVIL Judge & A.C.J.M.

  6. 15-Apr-2026

    Final Arguments

    Addl. Sr. CIVIL Judge & A.C.J.M.

  7. 08-Apr-2026

    Final Arguments

    Addl. Sr. CIVIL Judge & A.C.J.M.

  8. 27-Mar-2026

    Further Statement

    Addl. Sr. CIVIL Judge & A.C.J.M.

  9. 25-Mar-2026

    Further Statement

    Addl. Sr. CIVIL Judge & A.C.J.M.

  10. 28-Feb-2026

    Further Statement

    Addl. Sr. CIVIL Judge & A.C.J.M.

  11. 21-Feb-2026

    Further Statement

    Addl. Sr. CIVIL Judge & A.C.J.M.

  12. 06-Feb-2026

    Evidence Of Complainant-146

    Addl. Sr. CIVIL Judge & A.C.J.M.

  13. 31-Jan-2026

    Evidence Of Complainant-146

    Addl. Sr. CIVIL Judge & A.C.J.M.

  14. 23-Jan-2026

    Evidence Of Complainant-146

    Addl. Sr. CIVIL Judge & A.C.J.M.

  15. 16-Jan-2026

    Evidence Of Complainant-146

    Addl. Sr. CIVIL Judge & A.C.J.M.

  16. 24-Dec-2025

    Evidence Of Complainant-146

    Addl. Sr. CIVIL Judge & A.C.J.M.

  17. 12-Dec-2025

    Evidence Of Complainant-146

    Addl. Sr. CIVIL Judge & A.C.J.M.

  18. 26-Nov-2025

    Evidence Of Complainant-146

    Addl. Sr. CIVIL Judge & A.C.J.M.

  19. 29-Oct-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  20. 17-Sep-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  21. 25-Aug-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  22. 14-Aug-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  23. 31-Jul-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  24. 03-Jul-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  25. 20-Jun-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  26. 06-Jun-2025

    Process To Accused

    Addl. Sr. CIVIL Judge & A.C.J.M.

  27. 08-Apr-2025

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  28. 21-Jan-2025

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  29. 25-Oct-2024

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  30. 30-Aug-2024

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  31. 28-Jun-2024

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  32. 26-Apr-2024

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  33. 23-Feb-2024

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  34. 22-Dec-2023

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  35. 07-Oct-2023

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  36. 18-Aug-2023

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  37. 26-Jun-2023

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  38. 08-May-2023

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  39. 06-Mar-2023

    Process To Accused

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  40. 28-Dec-2022

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  41. 05-Dec-2022

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  42. 08-Oct-2022

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  43. 22-Aug-2022

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  44. 20-Jun-2022

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  45. 30-Apr-2022

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  46. 07-Mar-2022

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  47. 17-Dec-2021

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  48. 14-Oct-2021

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  49. 29-Jul-2021

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  50. 29-Apr-2021

    First hearing

    Initial hearing scheduled

  51. 28-Apr-2021

    Case filed

    Registration No. 438/2021

casestatus.in Summary

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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