This single-judge order dismisses petitions seeking to challenge the dismissal of an application under Section 245 Cr.P.C. in cheque bounce cases. The court holds that liability is a question of fact for the trial court and finds no ground to entertain the challenge after referencing a Division Bench judgment.
Petitions and pending applications were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~58 to 61
versus
VIJAY SHOURIE .....Respondent Through: Mr. D. V. Khatri and Mr. Nikhil Rawat, Advocates. 59 + CRL.M.C. 1159/2020, CRL.MA. 4510/2020 MANOJ GODHA .....Petitioner Through: Mr. A. K. Vashishtha and Mr. Rakesh Kumar Singh, Advocates.
versus
VIJAY SHOURIE .....Respondent Through: Mr. D. V. Khatri and Mr. Nikhil Rawat, Advocates.
60
MANOJ GODHA .....Petitioner Through: Mr. A. K. Vashishtha and Mr. Rakesh Kumar Singh, Advocates. versus KATHLEEN SHOURIE .....Respondent Through: Mr. D. V. Khatri and Mr. Nikhil
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 09:25:26
Rawat, Advocates.
61
MANOJ GODHA .....Petitioner
Through: Mr. A. K. Vashishtha and Mr. Rakesh Kumar Singh, Advocates.
versus
KATHLEEN SHOURIE .....Respondent Through: Mr. D. V. Khatri and Mr. Nikhil Rawat, Advocates.
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R % 05.12.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 09:25:26
5050/2015. This Court, in those proceedings, observed that the question whether any liability exists is a question of fact and needs to be tested in trial. A challenge to the order by way of SLP (Crl.) Diary No. 2519/2019 also came to be dismissed on 22.02.2019, giving liberty to the petitioner to raise all contention before Trial Court. Apparently, the petitioner has preferred the subject application under Section 245 Cr.P.C after the order passed by the Supreme Court.
MANOJ KUMAR OHRI, J
DECEMBER 05, 2024/ ssc
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 09:25:26
2 issues framed by the court
Whether the High Court should entertain petitions challenging the dismissal of a Section 245 Cr.P.C application which misconceives the issue of liability as a question of law.
Whether a petition questioning the grant of bail under Section 245 Cr.P.C. in cheque bounce cases can be entertained when the division bench has already held that liability is a question of fact to be
Colour shows how this judgement treated each authority
Court On Its Motion vs. StateReferred¶2
Court On Its Motion vs. State, CRL. REF. 4/2019
4 provisions across 3 enactments
Manoj Godha
Vijay Shourie
Kathleen Shourie
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
