Disposed¶35

Bharat Jaswantlal Shah v. the State of Maharashtra and Anr.

Bombay HC23 Jul 2025WP/3950/2025

Case brief

AI extract

What is this about?

Expedition of seven cheque-complaints (C.C.Nos. 6407-6414/SS/2021) pending since June 2021 before MM Court No.14, Girgaon; writ petitions WP/3944, 3945, 3946, 3951 of 2025 by senior-citizen complainants (age ~72); delay in S.143-A Negotiable Instruments Act application (filed 14-02-2022, decided 15-10-2024); Magistrate requested to decide complaints preferably within six months; petitions disposed of by Dr. Neela Gokhale, J. on 23-07-2025.

What did the court decide?

The petitions were disposed of with a direction/request to the learned Metropolitan Magistrate, Court No.14 at Girgaon to conduct the hearing and decide the complaints expeditiously, preferably within six months from presentation of the order. ¶35

Bharat Jaswantlal Shah vs the State of Maharashtra and Anr. — Cheque Dishonour | Bombay HC (2025)

¶1

6-8-10-13-WP-3944-3945-3946-3951-2025.DOC

¶2

2025:BHC-AS:30775

¶3

Gaikwad RD

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶5

(06) WRIT PETITION NO.3944 OF 2025 WITH

¶6

WITH

¶7

(13) WRIT PETITION NO.3951 OF 2025

¶8

Kalpana Bharat Shah …Petitioner Versus The State of Maharashtra & Anr. …Respondent

¶9

WITH

¶10

(07) WRIT PETITION NO.3945 OF 2025

WITH

WITH

WITH

Bharat Jaswantlal Shah …Petitioner Versus The State of Maharashtra & Anr. …Respondent

¶15

Mr. Kapil Dave , for the Petitioners in all the petitions. Mr. A. D. Kamkhedkar, APP , for the Respondents-State in WP/3943/2025 & WP/3944/2025. Ms. P. P. Bhosale, APP , for the Respondents-State in

¶16

Page 1 of 4 23^rd July 2025

¶17

6-8-10-13-WP-3944-3945-3946-3951-2025.DOC

¶18

WP/3945/2025 & WP/3950/2025.

¶19

Mr. D. J. Haldankar, APP , for the Respondents-State in WP/3946/2025 & WP/3951/2025.

¶20

Mr. S. S. Ghag, APP , for the Respondents-State in WP/3948/2025.

¶21

CORAM Dr. Neela Gokhale, J. DATED: 23^rd July 2025

¶22

PC:-

¶23

Heard Mr. Kapil Dave, learned counsel appearing for the

¶24

Petitioners.

¶25

A limited prayer in all these petitions is a direction to the learned Metropolitan Magistrate, Court No.14 at Girgaon to expedite the hearing of the complaints pending before the said Magistrate. The said complaints are as under:

¶26

WP/3944/2025-C.C.No.6412/SS/2021-St.No.14790 of 2025. WP/3945/2025-C.C.No.6411/SS/2021-St.No.14792 of 2025. WP/3946/2025-C.C.No.6413/SS/2021-St.No.14793 of 2025. WP/3948/2025-C.C.No.6410/SS/2021-St.No.14800 of 2025. WP/3949/2025-C.C.No.6407/SS/2021-St.No.14796 of 2025. WP/3950/2025-C.C.No.6408/SS/2021-St.No.14794 of 2025. WP/3951/2025-C.C.No.6414/SS/2021-St.No.14799 of 2025.

¶27

Page 2 of 4 23^rd July 2025

¶28

6-8-10-13-WP-3944-3945-3946-3951-2025.DOC

¶29

He has drawn my attention to the roznama of all the complaints at page 17 to the present Petition. The roznama indicates that the complaints were filed in the month of June 2021 against the same accused. The roznama further indicates that on 2^nd September 2021 the verification was done and ultimately, on 21^st December 2021, summons were issued to all the accused in the respective complaints. There was an application under Section 143-A of the Negotiable Instruments Act, 1881 made by the complainant on 14^th February 2022. However, the said application was decided after the period of two years, i.e., only on 15^th October 2024.

¶30

Mr. Kapil Dave therefore, submits that there has been unprecedented delay in the proceedings of all the complaints filed by him.

¶31

I have perused the roznama. The contention of Mr. Dave prima facie substantiated and corroborated by the roznama. Admittedly, the Petitioners are senior citizens aged about 72 years.

¶32

Page 3 of 4 23^rd July 2025

¶33

6-8-10-13-WP-3944-3945-3946-3951-2025.DOC

¶34

Considering the aforesaid, I deem it appropriate to request the Magistrate concerned to conduct the hearing and decide the complaints expeditiously, preferably within a period of six months from the date, this order is presented to the said Magistrate.

¶35

Accordingly, the petitions are disposed of with the aforesaid directions.

¶36

(Dr. Neela Gokhale, J)

¶37

Page 4 of 4 23^rd July 2025

¶38

Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 23/07/2025 19:07:33

Bharat Jaswantlal Shah v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Bharat Jaswantlal Shah v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kalim Siddhiquie @ Kalim Beharim Shaikh vs State of Maharashtra

Joseph Chinaedam Chukwu @Jaiz Aloma vs State of Maharashtra

Pradeep Waman Kadam vs State of Maharashtra

Yogesh Anand Bhosale @ Sonya vs State of Maharashtra

Mukesh Jagbahadur Yadav vs State of Maharashtra

Nishit Ashok Dembla and Ors. vs State of Maharashtra