SHRI RAM FINANCE LTD. POWER OF ATTORNEY HOLDER NISHARAHEMAD GULAMAHEMAD SHEKH vs ISHWARBHAI GANPATBHAI THAKOR Advocate - S K PATHAN — 3548/2024

Case under Negotiable Instruments Act, 1881 Section 138. Disposed: Contested--JUDGMENT BY ACQUITTAL on 24th March 2026.

Case disposed

CC - CRIMINAL CASE

CNR: GJSN020050352024

Filing Number

3548/2024

Filing Date

25-Nov-2024

Registration No

3548/2024

Registration Date

25-Nov-2024

Court

CIVIL COURT SURENDRANAGAR

Judge

4-3rd Addl. Sr. CIVIL Judge & A.C.J.M.

Decision Date

24-Mar-2026

Nature of Disposal

Contested--JUDGMENT BY ACQUITTAL

Last updated 16-Jun-2026

Acts & Sections

Negotiable Instruments Act, 1881 Section 138

Petitioner(s)

  1. 1.SHRI RAM FINANCE LTD. POWER OF ATTORNEY HOLDER NISHARAHEMAD GULAMAHEMAD SHEKH

    Adv. R M JOSHI

Respondent(s)

  1. 1.ISHWARBHAI GANPATBHAI THAKOR Advocate - S K PATHAN

Case History

  1. Case disposedDisposed

  2. 24-Mar-2026

    JudegementView PDF

  3. 24-Mar-2026

    JudegementView PDF

    Case Summary: CC No. 3548/2024 Court Decision: The court acquitted the accused (Ishwarbhai Ganpatbhai Thakor) of charges under Section 138 of the Negotiable Instruments Act, finding that the cheque was not issued for a legally enforceable debt or liability. Key Reasoning: Although the complainant (Shri Ram Finance Ltd.) proved all ingredients of a dishonored cheque, the court found that the underlying vehicle loan agreement had been discharged when the company repossessed and sold the vehicle, adjusting the sale proceeds toward loan repayment. Consequently, any cheque subsequently presented for clearance could not constitute payment for an existing debt, defeating Section 138 prosecution requirements. This case analysis is maintained by casestatus.in based on publicly available court records.

  4. 24-Mar-2026

    Disposed

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  5. 23-Mar-2026

    Final Arguments

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  6. 17-Mar-2026

    Final Arguments

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  7. 24-Feb-2026

    Final Arguments

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  8. 22-Jan-2026

    Final Arguments

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  9. 16-Dec-2025

    Judgement

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  10. 26-Nov-2025

    Judgement

    4th Addl. Sr. CIVIL Judge & A.C.J.M.

  11. 19-Nov-2025

    Judgement

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  12. 13-Oct-2025

    Judgement

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  13. 09-Oct-2025

    Judgement

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  14. 12-Sep-2025

    Judgement

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  15. 25-Aug-2025

    Final Arguments

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  16. 28-Jul-2025

    Final Arguments

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  17. 01-Jul-2025

    Further Statement

    3rd Addl. Sr. CIVIL Judge & A.C.J.M.

  18. 13-Jun-2025

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  19. 22-May-2025

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  20. 21-Apr-2025

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  21. 17-Mar-2025

    Warrant Of Arrest

    Addi CIVIL Judge & J.M.F.C

  22. 03-Mar-2025

    Hearing

    Addi CIVIL Judge & J.M.F.C

  23. 17-Feb-2025

    Warrant Of Arrest

    Addi CIVIL Judge & J.M.F.C

  24. 30-Jan-2025

    Hearing

    Addi CIVIL Judge & J.M.F.C

  25. 25-Nov-2024

    First hearing

    Initial hearing scheduled

  26. 25-Nov-2024

    Case filed

    Registration No. 3548/2024

casestatus.in Summary

Case Summary: CC No. 3548/2024 Court Decision: The court acquitted the accused (Ishwarbhai Ganpatbhai Thakor) of charges under Section 138 of the Negotiable Instruments Act, finding that the cheque was not issued for a legally enforceable debt or liability. Key Reasoning: Although the complainant (Shri Ram Finance Ltd.) proved all ingredients of a dishonored cheque, the court found that the underlying vehicle loan agreement had been discharged when the company repossessed and sold the vehicle, adjusting the sale proceeds toward loan repayment. Consequently, any cheque subsequently presented for clearance could not constitute payment for an existing debt, defeating Section 138 prosecution requirements. This case analysis is maintained by casestatus.in based on publicly available court records.

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