MAHESHKUMAR ZALA PROP OF KRISHNA SAREES vs GURUPRASAD RAMKUMAR PERIWALA DIR OF SWAMI SYNTEX PVT LTD Advocate - D K MATLIWALA — 273/2025
Case under The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 415. Disposed: Contested--DISMISSED on 25th March 2026.
CR A - CRIMINAL APPEAL
CNR: GJSR010038762025
Filing Number
274/2025
Filing Date
01-Apr-2025
Registration No
273/2025
Registration Date
01-Apr-2025
Court
DISTRICT AND SESSIONS COURT SURAT
Judge
1-Principal District & Sessions Judge
Decision Date
25-Mar-2026
Nature of Disposal
Contested--DISMISSED
Last updated 31-May-2026
Acts & Sections
Petitioner(s)
-
1.MAHESHKUMAR ZALA PROP OF KRISHNA SAREES
Adv. S S TIWARI
Respondent(s)
-
1.GURUPRASAD RAMKUMAR PERIWALA DIR OF SWAMI SYNTEX PVT LTD Advocate - D K MATLIWALA
-
2.Government of Gujarat
Adv. R P DOBARIYA
Case History
-
Case disposedDisposed
-
25-Mar-2026
JudegementView PDF
Summary: Case 273/2025 - Criminal Appeal (Surat Court) Decision The appellate court dismissed the criminal appeal and upheld the conviction of Maheshkumar Zala for dishonoring a cheque under Section 138 of the Negotiable Instruments Act. Key Facts - Complainant Guruprasad Periwala (director of Swami Syntex Pvt. Ltd.) sold goods worth ₹24,76,000 to Maheshkumar Zala - Zala issued cheque No. 174859 (₹24,76,000) dated 10/12/2018, which bounced on 11/12/2018 with "Funds Insufficient" endorsement - Statutory notice was served; Zala failed to pay within 15 days Trial Court's Conviction - Simple imprisonment: 1 year - Compensation: ₹24,76,000 (payable within 30 days) - Default provision: 60 additional days imprisonment if compensation unpaid Appellant's Arguments (Rejected) 1. Bills were forged/fabricated (no credible evidence presented) 2. Cheque was stolen; he never personally knew the complainant 3. Transaction was a loan to his brother, not goods purchase 4. WhatsApp chats and recordings proved the lending nature Court's Reasoning - Once cheque execution is proven, Section 139 presumption (cheque issued for debt/liability) arises - Appellant failed to rebut the presumption with sufficient evidence - Appellant did not testify in his own defense (adverse inference under Section 114) - Bills authenticated by audit reports and sales registers - No credible proof of alleged theft of cheque book - Electronic evidence (WhatsApp chats) improperly certified and unconvincing Result Conviction confirmed. Appellant ordered to surrender and complete imprisonment sentence. This case analysis is maintained by casestatus.in based on publicly available court records.
-
25-Mar-2026
Disposed
Principal District & Sessions Judge
-
13-Mar-2026
Judgement
Principal District & Sessions Judge
-
10-Mar-2026
Judgement
Principal District & Sessions Judge
-
18-Feb-2026
Judgement
Principal District & Sessions Judge
-
17-Feb-2026
Hearing
Principal District & Sessions Judge
-
28-Jan-2026
Hearing
Principal District & Sessions Judge
-
12-Jan-2026
Hearing
Principal District & Sessions Judge
-
31-Dec-2025
Hearing
Principal District & Sessions Judge
-
25-Nov-2025
Hearing
Principal District & Sessions Judge
-
14-Nov-2025
Hearing
Principal District & Sessions Judge
-
07-Oct-2025
Hearing
Principal District & Sessions Judge
-
04-Sep-2025
Hearing
13th Addl District Judge
-
08-Aug-2025
Hearing
13th Addl District Judge
-
10-Jul-2025
Process To Respondents
13th Addl District Judge
-
19-Jun-2025
Process To Respondents
13th Addl District Judge
-
04-Jun-2025
Process To Respondents
13th Addl District Judge
-
31-May-2025
First hearing
Initial hearing scheduled
-
01-Apr-2025
Case filed
Registration No. 273/2025
Summary: Case 273/2025 - Criminal Appeal (Surat Court) Decision The appellate court dismissed the criminal appeal and upheld the conviction of Maheshkumar Zala for dishonoring a cheque under Section 138 of the Negotiable Instruments Act. Key Facts - Complainant Guruprasad Periwala (director of Swami Syntex Pvt. Ltd.) sold goods worth ₹24,76,000 to Maheshkumar Zala - Zala issued cheque No. 174859 (₹24,76,000) dated 10/12/2018, which bounced on 11/12/2018 with "Funds Insufficient" endorsement - Statutory notice was served; Zala failed to pay within 15 days Trial Court's Conviction - Simple imprisonment: 1 year - Compensation: ₹24,76,000 (payable within 30 days) - Default provision: 60 additional days imprisonment if compensation unpaid Appellant's Arguments (Rejected) 1. Bills were forged/fabricated (no credible evidence presented) 2. Cheque was stolen; he never personally knew the complainant 3. Transaction was a loan to his brother, not goods purchase 4. WhatsApp chats and recordings proved the lending nature Court's Reasoning - Once cheque execution is proven, Section 139 presumption (cheque issued for debt/liability) arises - Appellant failed to rebut the presumption with sufficient evidence - Appellant did not testify in his own defense (adverse inference under Section 114) - Bills authenticated by audit reports and sales registers - No credible proof of alleged theft of cheque book - Electronic evidence (WhatsApp chats) improperly certified and unconvincing Result Conviction confirmed. Appellant ordered to surrender and complete imprisonment sentence. This case analysis is maintained by casestatus.in based on publicly available court records.
Explore other courts