Bombay High Court
ZOHRA NAZIR HAKEEMversusTAPIN KHANNA AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The orders passed under Section 148 without reasons were quashed and the matters remanded to the Sessions Judge for fresh consideration.
Summary
The petitioners, Jem Fiscal Limited and Zohra Nazir Hakeem, challenged orders of an Additional Sessions Judge made under Section 148 of the Negotiable Instruments Act, 1881 which directed a deposit of 30% of a cheque amount, alleging that the orders were passed without any reasons. They relied on the Supreme Court’s decision in Jamboo Bhandari v. Madhya Pradesh State Industrial Development Corporation Ltd., which requires reasoned orders. The respondents argued that the matter should be remanded to the Sessions Court in line with that precedent. By consent of the parties, the High Court quashed the impugned orders and remanded the applications back to the Sessions Judge for fresh consideration, while staying any coercive steps against the petitioners. The petitioners were also directed to deposit Rs. 50,00,000 with the appellate court by 19 October 2026, without prejudice to their rights, and the writ petitions were disposed of without costs.
Issues considered
- Whether the orders passed under Section 148 of the Negotiable Instruments Act, 1881 without reasons are valid.
- Whether the Supreme Court’s ruling in Jamboo Bhandari requires remand of such orders to the Sessions Court.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 148
Subjects
- Section 148
- Negotiable Instruments Act
- quashing of order
- remand
- deposit requirement
- writ petition
- criminal appellate jurisdiction
Judgment
24-29-WP-4675-2026+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4675 OF 2026
Jem Fiscal Limited
through Director Zohra Hakeem …Petitioner
Versus
Sharan Khanna & Anr. …Respondents
WITH
WRIT PETITION NO.4676 OF 2026
Jem Fiscal Limited
through Director Zohra Hakeem …Petitioner
Versus
Tapin Khanna & Anr. …Respondents
WITH
WRIT PETITION NO.4677 OF 2026
Jem Fiscal Limited
through Director Zohra Hakeem …Petitioner
Versus
Bharati Khanna (deceased)
through legal heirs Sharan Khanna & Ors. …Respondents
WITH
WRIT PETITION NO.4678 OF 2026
Zohra Nazir Hakeem
…Petitioner
Versus
Sharan Khanna & Anr. …Respondents
WITH
WRIT PETITION NO.4679 OF 2026
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Zohra Nazir Hakeem
…Petitioner
Versus
Bharati Khanna (deceased)
through legal heirs Sharan Khanna & Ors. …Respondents
WITH
WRIT PETITION NO.4680 OF 2026
Zohra Nazir Hakeem
…Petitioner
Versus
Tapin Khanna & Anr. …Respondents
Mr. Pranav Bhadeka, Senior Advocate, Mr. Rutvij Solanki, Ms.
Pooja Kothari, Ms. Anuja Bhansali and Mr. Prathamesh Bhutada
i/b. Rashmikant and Partners, for the Petitioner.
Mr. Kunal Kumbhat a/w. Ms. Himanshi Thakur and Ms. Ananya
Thakoor i/b. Ms. Sunanda Kumbhat, for the Respondents.
Mr. S. V. Walve, APP, for the Respondent-State in WP/4675/2026
and WP/4679/2026.
Mrs. Savita M. Yadav, APP, for the Respondent-State in
WP/4676/2026 and WP/4680/2026.
Mr. S. S. Ghag, APP, for the Respondent-State in WP/4677/2026.
Mr. P. P. Jadhav, APP, for the Respondent-State in WP/4678/2026.
CORAM: MADHAV J. JAMDAR, J.
DATED : 17th SEPTEMBER 2026
P. C.:
1. In all these Writ Petitions, the challenge is to the orders of
learned Additional Sessions Judge passed under Section 148 of the
Negotiable Instruments Act, 1881 directing deposit of 30% of the
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cheque amount. The details of the said orders in the respective
Writ Petitions are as follows:
Sr. Writ Petition No. Case Number Date of Order
No.
1. Writ Petition No.4675/2026 Cri. M.A. 01/08/2026
No.728/2026
Appeal
No.352/2026
2. Writ Petition No.4676/2026 Cri. M.A. 01/08/2026
No.727/2026
Appeal
No.353/2026
3. Writ Petition No.4677/2026 Cri. M.A. 01/08/2026
No.726/2026
Appeal
No.350/2026
4. Writ Petition No.4678/2026 Cri. M.A. 01/08/2026
No.723/2026
Appeal
No.351/2026
5. Writ Petition No.4679/2026 Cri. M.A. 01/08/2026
No.724/2026
Appeal
No.349/2026
6. Writ Petition No.4680/2026 Cri. M.A. 01/08/2026
No.725/2026
Appeal
No.348/2026
2. Learned Senior Counsel appearing for the Petitioners states
that no reasons whatsoever have been given while passing the
impugned orders and therefore, the impugned orders passed are
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contrary to the law laid down by the Supreme Court in Jamboo
Bhandari vs. Madhya Pradesh State Industrial DEvelopment
Corporation Limited & Ors.1
3. On instructions, learned Senior Counsel states that without
prejudice to the rights and contentions of the Petitioners, an
amount of Rs.50,00,000/- (Rupees Fifty Lakh only) will be
deposited before the learned Sessions Court by the Petitioner- Jem
Fiscal Limited within a period of 30 days from today. The said
statement is accepted as undertaking given to this Court.
4. Mr. Kumbhat, learned Counsel appearing for the Respondent
submits that in view of the law laid down by the Supreme Court in
the case of Jamboo Bhandari (supra), the matters be remanded
back to the learned Sessions Court.
5. Accordingly, by consent of the parties, the following order is
passed:
1 (2023) 10 SCC 446
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ORDER
(a) The impugned orders dated 1st August 2026 passed in
respective Criminal Miscellaneous Applications as per
the details more particularly set out in the chart in
paragraph No.1 are quashed and set aside and the
matters are remanded back to the learned Sessions
Judge for deciding the said Miscellaneous Applications
afresh.
(b) Till the disposal of the respective Miscellaneous
Applications, no coercive steps be taken against the
Petitioners.
(c) Without prejudice to the rights and contentions of the
parties, the Petitioner-Jem Fiscal Limited shall deposit
an amount of Rs.50,00,000/- (Rupees Fifty Lakh only)
before the learned Appellate Court on or before 19 th
October 2026.
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6. The Writ Petitions are disposed of in above terms with no
order as to costs.
7. It is clarified that all the contentions of both the parties are
expressly kept open.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.17
18:51:14
+0530
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