GROW GREEN AGRO IDUSTRIES PROPWRITER RAMILABEN CHAUDHARI NA P/O/P KAMLESH ARVINDBHAI PATEL vs AEGRI BUISNESSCENTRE NA PROP THAKOR BHAGVANBHAI DEVSIBHAI Advocate - K J BHAVSAR — 63/2026

JudegementView PDF

Summary of Case 63/2026 Court Decision: The Additional Chief Judicial Magistrate, Dabhoi, acquitted the defendant (Agro Business Centre proprietor) of charges under Section 138 of the Negotiable Instruments Act, 1881, finding insufficient evidence that the cheque was issued to discharge a debt. However, the defendant was ordered to deposit ₹5,000 as security for six months under the Criminal Procedure Code. Key Reasoning: While the petitioner presented a cheque that was dishonored with "drawer signature differs," during cross-examination the petitioner admitted that the defendant had already paid the cheque amount and no outstanding liability remained. The court held that without proof of an existing legally enforceable debt at the time of cheque issuance, the statutory presumptions under Sections 118-139 of the NI Act could not support conviction. The burden of proof shifted to the accused to rebut the presumption, but the petitioner's own admission negated the essential element of debt/liability. This case analysis is maintained by casestatus.in based on publicly available court records.

Disposed

Principal Senior CIVIL Judge & Addl. CJM

First hearing

Initial hearing scheduled

Case filed

Registration No. 63/2026