Mrs. Monica Sumit Ujjain v. Sanchu M. Menon and Anr.
Case brief
What is this about?
This court rejected a criminal revision application filed by a complainant challenging the Sessions Court order that set aside a process-interim order. The Sessions Court had held that money lending without a license rendered the contract void and Section 138 inapplicable. The High Court found no reason to interfere, noting that the trial court must still rebut the statutory presumption of debtor-
What did the court decide?
Criminal Revision Application stood rejected and disposed of; the order of the Sessions Court setting aside the process was upheld.
What the court decided
Ethape
1 1-REVN-394-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 394 OF 2015
Mrs. Monica Sunit Ujjain Applicant Versus 1. Sanchu M. Menon 2. Sushil Yeshwant Raut
- The State of Maharashtra Respondents
Mr. Suresh Shetye with Ms. Khushboo Pathak i/by Mr. Prem Kumar Pandey, Advocate for the Applicant.
Mr. Vinod D. Gangwal, Advocate for respondent Nos. 1 and 2.
Mr. S. R. Agarkar, APP for the Respondent – State.
Digitally signed by DNYANESHWAR DNYANESHWAR ASHOK ETHAPE ASHOK ETHAPE Date: 2022.11.19 17:02:32 +0530
CORAM : PRAKASH D. NAIK, J. DATE : 2nd AUGUST, 2022
Issues for consideration
3 issues framed by the court
Whether Section 138 of the Negotiable Instruments Act applies to a money lending transaction conducted without a license.
Whether the High Court should interfere with the Sessions Court order setting aside the process for cheque dishonour on the ground that it was a void transaction.
Preservation of the statutory presumption under Section 139 of the Negotiable Instruments Act in revision jurisdiction regarding security cheques.
Parties & counsel
- applicant
Mrs. Monica Sunit Ujjain
- respondent
Sanchu M. Menon
- respondent
Sushil Yeshwant Raut
- respondent
The State of Maharashtra
Coram
Case details
As recorded by the court registry
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