Bombay High Court

SONIA RAJESH PUNJABIversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 22 June 2026
Disposal: Disposed Off
Bench: MADHAV JAMDAR

Holding

The Court held that the Magistrate’s dismissal was erroneous and that a 10% deposit of the cheque amount is a just and proper interim compensation, thereby quashing the orders and directing the respondent to make the deposit.

Summary

Meera Ravi Punjabi and Sonia Rajesh Punjabi filed writ petitions challenging the dismissal of their applications under Section 143A of the Negotiable Instruments Act, which sought interim compensation of 20% of the cheque amounts. The Metropolitan Magistrate had dismissed the applications, but the respondents, represented by Vishal Rameshchandra Doshi, offered to deposit 10% of the cheque amounts as interim compensation. The High Court, after hearing the parties, held that the magistrate’s orders were erroneous and that a 10% deposit was just and proper. Accordingly, the Court quashed the magistrate’s orders, allowed the applications, and directed the respondent to deposit Rs 5,00,000 in one case and Rs 15,00,000 in the other before the trial court by 31 August 2026, accepting the respondent’s undertaking. Both writ petitions were disposed of in these terms.

Issues considered

Whether the order of the Metropolitan Magistrate dismissing the Section 143A application can be set aside.
Whether a 10% deposit of the cheque amount constitutes appropriate interim compensation under Section 143A of the Negotiable Instruments Act.
Whether the High Court can direct the respondent to deposit the specified amount as interim relief.

Legislation cited

Negotiable Instruments Act, 1881 — s. 143A

Subjects

Negotiable Instruments Act
Section 143A
interim compensation
cheque bounce
writ petition
quashing order
deposit undertaking
criminal appellate jurisdiction

Judgment

                                                          08-WP-3350-2024.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                    WRIT PETITION NO.3350 OF 2024
Meera Ravi Punjabi                                       ...Petitioner
Through her Constituted Attorney
Daya Shankar Singh
        Versus
The State of Maharashtra & Ors.                          ...Respondents

                                WITH
                    WRIT PETITION NO.3351 OF 2024

Sonia Rajesh Punjabi                                     ...Petitioner
Through her Constituted Attorney
Daya Shankar Singh
        Versus
The State of Maharashtra & Ors.                          ...Respondents

                                ——————
Mr. Jugal Kanani, for the Petitioner in both WPs.
Ms. S. M. Yadav, APP, for the Respondent-State.
Mr. S. I. Kantharia, for Respondent Nos.2 & 3.
                               ——————
                                         Coram: Madhav J. Jamdar, J.
                                         Date: June 22, 2026
P.C.:

1.      In Writ Petition No.3350 of 2024, the Petitioner i.e. the Original

Complainant, has challenged the Order dated 10th October 2023

passed by the learned Metropolitan Magistrate, 58th Court, Bandra,

Mumbai, below Exhibit-15 in CC No.63/SC/2021.

2.      In Writ Petition No.3351 of 2024, the challenge is to the Order

dated 10th October 2023 passed by the learned Metropolitan


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Magistrate, 58th Court, Bandra, Mumbai, below Exhibit-16 in CC

No.62/SC/2021.

3.      Both these applications bearing Exhibit-15 and Exhibit-16 were

filed in the Complaints filed by the Complainant i.e. Petitioner seeking

interim compensation of 20% of the cheque amount. The said

applications were filed under Section 143A of the Negotiable

Instruments Act, 1881. By the impugned Orders, both the applications

have been dismissed.

4.      Mr. Kantharia, learned Counsel for Respondent Nos.2 and 3 i.e.

Original Accused Nos.1 and 2, on instructions of Respondent No.2 i.e.

Proprietor of the Respondent No.3, states that Respondent No.2 i.e. the

Original Accused No.1, is ready and willing to deposit 10% of the cheque

amount.

5.      It is required to be noted that in Complaint bearing CC

No.62/SC/2021, although the cheque amount is Rs.1,50,00,000/-

(Rupees One Crore Fifty Lakhs Only), the amount admittedly invested by

the Complainant/Petitioner is Rs.50,00,000/- (Rupees Fifty Lakhs Only).

As far as Complaint bearing CC No.63/SC/2021 is concerned, the

invested amount is Rs.10,00,000/- (Rupees Ten Lakhs Only), whereas the

cheque amount is Rs.50,00,000/- (Rupees Fifty Lakhs Only).

6.      In the facts and circumstances, the amount which Respondent

No.2 is ready and willing to deposit i.e. 10% of the cheque amount, is


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just and proper.

7.         Mr. Kanani, learned Counsel for the Petitioner, on instructions of

the Petitioner, states that the deposit of 10% is agreeable to the

Petitioner.

8.         Accordingly, by consent of the parties, the following Order is

passed:

                        WRIT PETITION NO.3350 OF 2024

     i.     The Order dated 10th October 2023 passed by the learned

            Metropolitan Magistrate, 58th Court, Bandra, Mumbai, below

            Exhibit-15 in CC No.63/SC/2021, is quashed and set aside.

     ii.    The said Application bearing Exhibit-15 in CC No.63/SC/2021 is

            allowed by directing Respondent No.2-Vishal Rameshchandra

            Doshi, Proprietor of Respondent No.3-M/s. Sky Automobiles, to

            deposit before the learned Trial Court an amount of

            Rs.5,00,000/- (Rupees Five Lakhs Only) on or before 31st August

            2026.

     iii. The statement made by Mr. Kantharia, learned Counsel for

            Respondent Nos.2 and 3, that the said amount of Rs.5,00,000/-

            (Rupees Five Lakhs Only) will be deposited before the learned

            Trial Court on or before 31st August 2026, is accepted as

            undertaking given to this Court.




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                        WRIT PETITION NO.3351 OF 2024

     i.     The Order dated 10th October 2023 passed by the learned

            Metropolitan Magistrate, 58th Court, Bandra, Mumbai, below

            Exhibit-16 in CC No.62/SC/2021, is quashed and set aside.

     ii.    The said Application bearing Exhibit-16 in CC No.62/SC/2021 is

            allowed by directing Respondent No.2-Vishal Rameshchandra

            Doshi, Proprietor of Respondent No.3-M/s. Sky Automobiles, to

            deposit before the learned Trial Court an amount of

            Rs.15,00,000/- (Rupees Fifteen Lakhs Only) on or before 31st

            August 2026.

     iii. The statement made by Mr. Kantharia, learned Counsel for

            Respondent Nos.2 and 3, that the said amount of Rs.15,00,000/-

            (Rupees Fifteen Lakhs Only) will be deposited before the learned

            Trial Court on or before 31st August 2026, is accepted as

            undertaking given to this Court.


9.         Both the Writ Petitions are disposed of in above terms.



                                                    [Madhav J. Jamdar, J.]




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