Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Order Date: 17 September 2026
Case Overview
- Petitioners: Jem Fiscal Limited, represented by Director Zohra Hakeem, filed six writ petitions (Nos. 4675‑4680/2026) challenging orders of an Additional Sessions Judge issued under Section 148 of the Negotiable Instruments Act, 1881 that directed deposit of 30 % of the cheque amount.
- Respondents: Sharan Khanna, Tapin Khanna, and the legal heirs of the deceased Bharati Khanna.
- The impugned orders were dated 1 August 2026 and correspond to Criminal Miscellaneous Applications with case numbers M.A. No.728/2026 (Appeal No.352/2026) through M.A. No.725/2026 (Appeal No.348/2026) as listed in the court’s chart.
- Petitioners contended that the orders were passed without any reasons, contrary to Supreme Court precedent in Jamboo Bhandari vs Madhya Pradesh State Industrial Development Corporation Ltd. (2023) 10 SCC 446.
- Respondents, through counsel, sought remand of the matters back to the Sessions Court in line with the same Supreme Court judgment.
Final Outcome
- The Court, by consent of the parties, quashed and set aside all six impugned orders dated 1 August 2026 and remanded the matters to the learned Sessions Judge for fresh consideration.
- A stay was imposed on any coercive steps against Jem Fiscal Limited pending disposal of the Miscellaneous Applications.
- Jem Fiscal Limited undertook to deposit Rs 50,00,000 (₹50 lakh) before the appellate Court on or before 19 October 2026.
- The writ petitions were disposed of without any order as to costs, and all contentions of both parties were expressly kept open.
Topics: Legal Dispute, Negotiable Instruments