Partly allowed

Deepa Jethanand Lalwani v. Ramesh Santdas Khilani and Anr.

Bombay HC3 May 2011APPLN/1130/2010

Case brief

AI extract

What is this about?

Criminal application for leave to prefer appeal against acquittal in a prosecution under Section 138 NI Act. The court noted a neat question of law regarding whether the underlying agreement constituted a legally enforceable debt and granted leave to appeal.

What did the court decide?

Leave to file appeal granted. Appeal to come up for admission on 23rd June, 2011, to be taken up for final hearing at the admission stage.

Deepa Jethanand Lalwani Vs Ramesh Santdas… — Contract and Commercial Disputes | Bombay HC (2011)

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1 (2) Appln 1130/10

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Amk

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CRIMINAL APPLICATION NO. 1130 OF 2010

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Deepa Jethanand Lalwani

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.. Applicant

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Vs.

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Ramesh Santdas Khilnani & Anr.

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.. Respondents

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Mr. A. S. Rao for the Applicant.
Mr. Girish Paryani for Respondent No.1.
Mrs. A. A. Mane, APP for the Respondent State.

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CORAM: MRS. ROSHAN DALVI, J.
Date: 3rd May, 2011.

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P.C.

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1.The application for leave to file Appeal is
from an order of acquittal of the Ld. Sessions Court in a
prosecution under Section 138 of the Negotiable
Instruments Act. The dishonoured cheque is for the
amount mentioned as the amount to be given upon breach of
contract between the parties. The agreement dated 31st
July, 2004 is admittedly executed by and between the
parties. The accused is stated to have breached that
agreement. The accused was to construct the flat for
which earnest amount was paid. If the accused did not
construct within a period of one year, the parties agreed
that he would return double the amount of earnest.
Earnest amount was 1.5 lacs and the double amount of Rs.3
lacs to be returned is a part of agreement itself. The
cheque is for Rs.3 lacs. It would have to be seen
whether the admitted agreement constitutes a legally
enforceable debt.

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2 (2) Appln 1130/10

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2.Leave to Appeal is granted. Appeal to come up
for admission on 23rd June, 2011. In view of neat
question of law involved, it shall be taken up for final
hearing at the admission stage.

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3.Call for R & P. Issue notice upon Respondent.
Applicant to serve by private service.

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(ROSHAN DALVI, J.)

Deepa Jethanand Lalwani v. Ramesh Santdas Khilani and Anr.

Case brief

What is this about?

What did the court decide?

Deepa Jethanand Lalwani v. Ramesh Santdas Khilani and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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