State Bank Of India Through Authorized officer Gajendra singh Rajawat vs Chiragbharthi Rashikbharthi Gauswami Advocate - K B JOSHI — 4792/2024
Case under Negotiable Instruments Act, 1881 Section 138. Disposed: Contested--JUDGMENT BY ACQUITTAL on 18th April 2026.
CC - CRIMINAL CASE
CNR: GJPB020060932024
Filing Number
4792/2024
Filing Date
04-Oct-2024
Registration No
4792/2024
Registration Date
04-Oct-2024
Court
CIVIL COURT PORBANDAR
Judge
1-Principal Senior CIVIL Judge
Decision Date
18-Apr-2026
Nature of Disposal
Contested--JUDGMENT BY ACQUITTAL
Last updated 15-May-2026
Acts & Sections
Petitioner(s)
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1.State Bank Of India Through Authorized officer Gajendra singh Rajawat
Adv. D B TERIYA
Respondent(s)
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1.Chiragbharthi Rashikbharthi Gauswami Advocate - K B JOSHI
Case History
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Case disposedDisposed
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18-Apr-2026
OrderView PDF
Summary The court acquitted the accused in a cheque dishonor case under Section 138 of the Negotiable Instruments Act, holding that the cheque was issued as security for a loan and the loan agreement was determined when the bank repossessed the mortgaged property, making the cheque an instrument without consideration. The court reasoned that once the financial institution exercised its option to repossess the vehicle/property, the underlying debt obligation ceased, and therefore demanding payment on the dishonored cheque violated principles of Section 138 NI Act. This case analysis is maintained by casestatus.in based on publicly available court records.
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18-Apr-2026
Disposed
Principal Senior CIVIL Judge
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10-Apr-2026
Judgement
Principal Senior CIVIL Judge
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07-Apr-2026
Final Arguments
Principal Senior CIVIL Judge
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02-Apr-2026
Final Arguments
Principal Senior CIVIL Judge
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11-Mar-2026
Final Arguments
Principal Senior CIVIL Judge
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02-Mar-2026
Defendants Evidence
Principal Senior CIVIL Judge
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26-Feb-2026
Evidence Of Complainant
Principal Senior CIVIL Judge
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19-Jan-2026
Evidence Of Complainant
Principal Senior CIVIL Judge
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07-Jan-2026
Evidence Of Complainant
Principal Senior CIVIL Judge
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06-Jan-2026
Evidence Of Complainant
Principal Senior CIVIL Judge
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30-Dec-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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17-Dec-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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10-Nov-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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08-Oct-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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24-Sep-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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15-Sep-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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04-Sep-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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29-Aug-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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01-Aug-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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29-Jul-2025
Evidence Of Complainant
Principal Senior CIVIL Judge
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28-Jul-2025
Process To Accused
Principal Senior CIVIL Judge
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15-Jul-2025
Process To Accused
Principal Senior CIVIL Judge
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17-Jun-2025
Process To Accused
Principal Senior CIVIL Judge
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29-May-2025
Process To Accused
Principal Senior CIVIL Judge
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18-Apr-2025
Process To Accused
Principal Senior CIVIL Judge & Addl. CJM
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20-Feb-2025
Process To Accused
Principal Senior CIVIL Judge & Addl. CJM
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02-Jan-2025
Process To Accused
Principal Senior CIVIL Judge & Addl. CJM
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14-Nov-2024
Process To Accused
Principal Senior CIVIL Judge & Addl. CJM
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04-Oct-2024
First hearing
Initial hearing scheduled
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04-Oct-2024
Case filed
Registration No. 4792/2024
Summary The court acquitted the accused in a cheque dishonor case under Section 138 of the Negotiable Instruments Act, holding that the cheque was issued as security for a loan and the loan agreement was determined when the bank repossessed the mortgaged property, making the cheque an instrument without consideration. The court reasoned that once the financial institution exercised its option to repossess the vehicle/property, the underlying debt obligation ceased, and therefore demanding payment on the dishonored cheque violated principles of Section 138 NI Act. This case analysis is maintained by casestatus.in based on publicly available court records.
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