Bombay High Court
SEJAL AJMERAversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is allowed, directing the Metropolitan Magistrate to expedite the Section 138 complaint within one year.
Summary
The petitioner, a cancer survivor, filed a criminal writ petition seeking to expedite a pending complaint under Section 138 of the Negotiable Instruments Act that had been awaiting trial since 2024. The petitioner argued that her serious health condition warranted a faster disposition, while the respondent objected, stating that the trial court was proceeding according to normal procedure. The High Court, after hearing both sides, allowed the writ petition and directed the Metropolitan Magistrate at Andheri to expedite the complaint, preferably within one year of the order. The court also instructed both parties to cooperate and provided for transfer if the magistrate’s court became vacant. The writ petition was subsequently disposed of.
Issues considered
- Whether a High Court can direct a lower criminal court to expedite a pending complaint under Section 138 of the Negotiable Instruments Act on the ground of the petitioner's health condition
- Whether the petitioner's status as a cancer survivor justifies an expedited trial
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- expedited trial
- health grounds
- criminal writ petition
- Metropolitan Magistrate
- pending complaint
Judgment
73-WP-3916-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3916 OF 2026
Sejal Ajmera ...Petitioner/s
VERSUS
State Of Maharashtra And Anr. ...Respondent/s
_________________________________________________________________
Digitally signed
SONALI SATISH
by SONALI
SATISH Date:
KILAJE
2026.10.09
Mr. Yash Thakur, Advocate for Petitioner.
KILAJE 15:19:54
+0530
Mr. S. R. Agarkar, APP for Respondent-State.
Mr. Shivamsinh Deshmukh a/w. Ms. Yamini Barot, Advocate for Respondent
No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th OCTOBER, 2026.
P.C. :
1. Heard learned counsel for the petitioner, learned APP and learned
counsel for respondent No.2.
2. By this petition, the petitioner is seeking to expedite the complaint under
Section 138 of Negotiable Instrument Act pending before the learned
Metropolitan Magistrate, Court No.6, Andheri, Mumbai.
3. Learned counsel for the petitioner submits that petitioner is the cancer
survivor and the complaint is pending since year 2024. Considering the health
condition of the petitioner, matter be expedited.
4. Learned counsel for the respondent strongly objected to allow the
application on the ground that learned trial Court is proceeding with the
matter as per procedure.
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73-WP-3916-2026 (CR).doc
S.S.Kilaje
5. I have heard both the learned counsel. The petitioner is a cancer
survivor and the complaint is pending for two years, I pass following order :
ORDER
(i) The Writ Petition is allowed.
(ii) The learned Metropolitan Magistrate, Court No. 63, at
Andheri, Mumbai, is directed to expedite the Complaint No.
1882/SS/2024 as early as possible preferably within one
year after receipt of this order.
(iii) Both the parties shall cooperate before the Court.
(iv) If the Court is become vacant for some reason, this matter be
transferred to other Court.
6. Writ Petition is disposed of.
(SHIVKUMAR DIGE, J.)
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