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.
- Respondents: Sharan Khanna, Tapin Khanna, and legal heirs of the deceased Bharati Khanna.
- Six writ petitions filed (Nos. 4675‑4680/2026) challenging orders of an Additional Sessions Judge passed under Section 148 of the Negotiable Instruments Act, 1881, which directed the deposit of 30% of the cheque amount.
- The impugned orders were dated 1 August 2026 for each case (see chart in paragraph 1).
- Petitioners argued that the orders were passed without any reasons, violating the Supreme Court precedent in Jamboo Bhandari vs. Madhya Pradesh State Industrial Development Corporation Ltd.
- Petitioner's senior counsel offered, without prejudice to rights, to deposit Rs 50,00,000 (Rupees Fifty Lakh) before the Sessions Court within 30 days, which the Court accepted as an undertaking.
- Respondent counsel, citing the Jamboo Bhandari judgment, sought remand of the matters back to the Sessions Court.
Final Outcome
- The Court, by consent of the parties, quashed and set aside all impugned orders dated 1 August 2026.
- The matters are remanded to the learned Sessions Judge for fresh determination of the miscellaneous applications.
- No coercive steps may be taken against Jem Fiscal Limited until disposal of the applications.
- Jem Fiscal Limited must deposit Rs 50,00,000 before the appellate Court on or before 19 October 2026, without prejudice to any party’s rights.
- The writ petitions are disposed of with no order as to costs, and all contentions of both parties remain expressly open.
Topics: Legal Proceedings, Negotiable Instruments Act