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 (also listed as Zohra Nazir Hakeem).
  • Respondents: Sharan Khanna & Anr.; Tapin Khanna & Anr.; Bharati Khanna (deceased) through legal heirs Sharan Khanna & Ors.
  • Six writ petitions filed: WP‑4675/2026, WP‑4676/2026, WP‑4677/2026, WP‑4680/2026, WP‑4678/2026, WP‑4679/2026 (all Criminal).
  • Each petition challenges orders of an Additional Sessions Judge passed under Section 148 of the Negotiable Instruments Act, 1881 directing deposit of 30 % of the cheque amount.
  • Orders under challenge were dated 1 August 2026, with case numbers as follows:

1. WP‑4675/2026 – M.A. No.728/2026, Appeal No.352/2026

2. WP‑4676/2026 – M.A. No.727/2026, Appeal No.353/2026

3. WP‑4677/2026 – M.A. No.726/2026, Appeal No.350/2026

4. WP‑4678/2026 – M.A. No.723/2026, Appeal No.351/2026

5. WP‑4679/2026 – M.A. No.724/2026, Appeal No.349/2026

6. WP‑4680/2026 – M.A. No.725/2026, Appeal No.348/2026

  • Petitioners argued that the impugned 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 precedent.

Final Outcome

  • The Court, by consent of the parties, quashed and set aside all six 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 pending disposal of the applications.
  • Jem Fiscal Limited undertook to deposit Rs 50,00,000 (Rupees Fifty Lakh) before the appellate court on or before 19 October 2026.
  • The writ petitions are disposed of without any order as to costs, and all contentions of both parties remain expressly open.

Topics: Court Order, Negotiable Instruments Act, Deposit Requirement