SONIA RAJESH PUNJABI v. THE STATE OF MAHARASHTRA AND ORS
WP/3351/2024 · 2026-06-22
Shri Madhav J Jamdar
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1458 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1458 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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 Arjun 1
08-WP-3350-2024.doc 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 Arjun 2
08-WP-3350-2024.doc 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. Arjun 3
08-WP-3350-2024.doc 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.] Arjun 4