Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: 17 September 2026

Case Overview

  • Petitioner: Jem Fiscal Limited, represented by Director Zohra 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/4678/2026, WP/4679/2026, WP/4680/2026.
  • Each petition challenges an order of the learned Additional Sessions Judge dated 1 August 2026, passed under Section 148 of the Negotiable Instruments Act, 1881, directing deposit of 30% of the cheque amount.
  • The orders were issued in the following Criminal Miscellaneous Applications:

| Writ Petition No. | Case Number (M.A.) | Appeal No. | Date of Order |

| 4675/2026 | M.A. No.728/2026 | Appeal No.352/2026 | 01/08/2026 |

| 4676/2026 | M.A. No.727/2026 | Appeal No.353/2026 | 01/08/2026 |

| 4677/2026 | M.A. No.726/2026 | Appeal No.350/2026 | 01/08/2026 |

| 4678/2026 | M.A. No.723/2026 | Appeal No.351/2026 | 01/08/2026 |

| 4679/2026 | M.A. No.724/2026 | Appeal No.349/2026 | 01/08/2026 |

| 4680/2026 | M.A. No.725/2026 | Appeal No.348/2026 | 01/08/2026 |

  • 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 & Ors.
  • Petitioners offered, without prejudice, to deposit Rs 50,00,000 (Rs 5 lakh) before the Sessions Court within 30 days, which the Court accepted as an undertaking.
  • Respondents, through counsel, contended that the matter should be remanded back to the Sessions Court in line with the Jamboo Bhandari judgment.

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 back 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 (Rs 5 lakh) before the appellate Court on or before 19 October 2026, without prejudice to the rights and contentions of the parties.
  • The writ petitions are disposed of without any order as to costs, and all contentions of both parties are expressly kept open.

Topics: Negotiable Instruments, Court Order