Ajitsinh Chehuji Rathod vs The State Of Gujarat

insc-2024-63 Supreme Court of India 29 January 2024 • 7 min read

Judges (2)

B.R. Gavai Coram Sandeep Mehta Delivered

Parties (3)

State of Gujarat Respondent Ajitsinh Chehuji Rathod Appellant Mahadevsinh Chandaasinh Champavat Respondent

Case Significance

Ajitsinh Chehuji Rathod vs The State Of Gujarat is a Supreme Court of India decision dated January 29, 2024 (citation: insc-2024-63). The appellant, convicted under Section 138 NI Act for a Rs. 10 lakh dishonoured cheque, challenged the denial of his applications to send the cheque for handwriting analysis and to summon a post office official under Section 391 CrPC. The Supreme Court dismissed the appeal, holding that the accused had opportunity to rebut the statutory presumptions under the NI Act by leading defence evidence but failed to do so, and the finality of the earlier rejected handwriting application could not be r The bench comprised Justices B.R. Gavai and Sandeep Mehta. The judgment was delivered by Justice Sandeep Mehta.

Summary

The appellant, convicted under Section 138 NI Act for a Rs. 10 lakh dishonoured cheque, challenged the denial of his applications to send the cheque for handwriting analysis and to summon a post office official under Section 391 CrPC. The Supreme Court dismissed the appeal, holding that the accused had opportunity to rebut the statutory presumptions under the NI Act by leading defence evidence but failed to do so, and the finality of the earlier rejected handwriting application could not be reopened.

What was the outcome of Ajitsinh Chehuji Rathod vs The State Of Gujarat?

The appellant, convicted under Section 138 NI Act for a Rs. 10 lakh dishonoured cheque, challenged the denial of his applications to send the cheque for handwriting analysis and to summon a post offic...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-63)