Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Order Date: 17 September 2026
Case Overview
- Petitioners: Jem Fiscal Limited (through Director Zohra Hakeem).
- Respondents: Sharan Khanna, Tapin Khanna, and legal heirs of the deceased Bharati Khanna.
- Six writ petitions (Nos. 4675‑4680 of 2026) challenge orders of an Additional Sessions Judge passed under Section 148 of the Negotiable Instruments Act, 1881 directing deposit of 30 % of the cheque amount.
- The impugned orders were dated 1 August 2026 (see chart) and were issued without reasons, allegedly contrary to Supreme Court precedent in Jamboo Bhandari v. Madhya Pradesh State Industrial Development Corporation Ltd.
- Petitioner's senior counsel undertook to deposit Rs 50,00,000 (Rs 50 lakh) within 30 days, and respondent counsel sought remand in line with the Supreme Court decision.
Final Outcome
- (a) The orders dated 1 August 2026 are quashed and set aside; the matters are remanded to the learned Sessions Judge for fresh determination.
- (b) No coercive steps may be taken against Jem Fiscal Limited pending disposal of the applications.
- (c) Jem Fiscal Limited must deposit Rs 50,00,000 before the appellate court on or before 19 October 2026, without prejudice to its rights.
- The writ petitions are disposed of without any order as to costs, and all contentions of both parties remain expressly open.
Topics: Legal Dispute, Cheque Bounce