Citation : 2025 Latest Caselaw 3967 Bom
Judgement Date : 16 June, 2025
2025:BHC-AS:24115
33-WP-2813-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2813 OF 2025
Arpita Arvind Padwal ...Petitioner
Versus
Pushpa Chandrakant Patil & Anr. ...Respondents
_______________________________________________________________
Mr. Ramesh Jadhav, for the Petitioner.
Ms. P. P. Bhosale, APP for the Respondent-State.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
DATED: 16th JUNE 2025 JUDGMENT.:
1. Heard Mr. Ramesh Jadhav, learned Counsel appearing for the
Petitioner and Ms. Bhosale, learned APP for the Respondent-State.
2. The challenge in this Writ Petition filed under Article 227 of the
Constitution of India and under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 ("BNSS") is to the order dated 17th December,
2024 passed by the learned JMFC, Vasai below Exhibit-14 in S.S.C.
No.429 of 2023 directing the present Petitioner i.e. Accused in said
S.C.C. No.429/2023 to pay interim compensation of Rs.5,40,000/- to
the Complainant within 60 days from the date of the said order. The
said order has been challenged by the present Petitioner by filing
Criminal Revision Application No.1 of 2025 and the said Criminal
Revision Application is dismissed by the impugned order dated 1 st April,
2025 passed by the learned District Judge-1 & Additional Sessions
Judge, Vasai.
33-WP-2813-2025.doc
3. The main contention raised by Mr. Jadhav, learned Counsel
appearing for the Petitioner is that the cheques were not issued for
recovery of legally enforceable debt and therefore the Court should not
have granted the relief. Learned Counsel submitted that the said
amount of Rs. 27,00,000/- and Rs.7,48,630/- has been given to ensure
that the Respondent No.1-Complainant's son gets admission in the
MBBS College either at Karad or at Kankavali. To substantiate the said
contention, he has pointed out paragraph no.1 of the complaint filed
under Section 138 r/w 142 of the Negotiable Instruments Act, 1881
("NI Act"). He therefore states that the amount claimed is not a legally
enforceable debt.
4. The learned Revisional Court has observed that whether the act
of issuance of cheques by accused comes within the ambit of legally
enforceable debt or not is the question to be decided on merits. It is also
observed by the learned Revisional Court that issuing directions for
making payment of 20% amount which comes to Rs.5,40,000/- for all
three cheques will not cause any prejudice to the accused.
5. For considering the contention raised by the learned Counsel
appearing for the Petitioner, it is necessary to set out paragraph no.1 of
the complaint which reads as under:-
ß1- fQ;kZnh lkS- iq"ik panzdkUr ikVhy vkjksih ;kauk vksG[krkr- vkjksih Hkkjrh; turk i{kkP;k dk;ZdR;kZ vlwu fQ;kZnhps irh ts O;olk;kus MkWDVj vlY;keqGs vkjksih R;kaps irh Jh- vjfoan iMoG lkscr fQ;kZnhP;k ?kjh ;sr vlr- ekpZ 2022 e/;s vkjksih fQ;kZnh ;kaP;k ?kjh vkY;k gksR;k- R;kosGh
33-WP-2813-2025.doc
fQ;kZnh ;kapk eqyxk dq- vkdkj ;kl ,e-ch-ch-,l- djhrk psUUkbZ o /kqGs ;sFkhy esMhdy dkWyst e/;s vWMfe'ku ?ksrys vkgs vls fQ;kZnh ;kauh vkjksih ;kauk lkafxrys vlrk] vkjksih fQ;kZnh ;kauk Eg.kkY;k rqepk ,dqyrk ,d eqyxk vkgs R;kl rqEgh rqeP;k iklwu nwj djrk] eh Ckh-ts-ih- i{kkph dk;ZdrhZ vlwu ek>h pkaxY;k yksdk lkscr vksG[k vkgs- eh rqeP;k eqykph toGikl djkM fdaok d.kdoyh ;sFks vWMfe'ku d:u nsrs vls lkafxrys- vWMfe'ku djhrk 27]00]000@& o 7]48]630@& :- ok fM- fM- dk<kok ykxsy vls lkafxrys gksrs- fQ;kZnh ;kauh gksdkj nsowu vWMfe'ku djhrk ekpZ 2022 ;k ekfgU;kr nksu osGk jks+[k jDde 10]00]000@& vls ,dw.k 20]00]000@& o uarj 3]50]000@& vkf.k 4]00]000@& vls ,dw.k 27]00]000@& jks[khus vki.kkl fnysys vkgsr-Þ (Emphasis added) English translation is as follows:-
"1) The Complainant Sau. Pushpa Chandrakant Patil knows the Accused. The Accused is a worker of Bharatiya Janata Party. As Complainant's husband is a Doctor by profession, Accused along with her husband Shri Arvind Padval would visit the Complainant's house. In the month of March, 2022, Accused had visited Complainant's house. At that time, when the Complainant told the Accused that she had taken an admission to a Medical College at Chennai and Dhule for her son by name Master Aakar for his doing M.B.B.S., Accused said to the Complainant, "you have only one son and you are sending him away from you, I am a worker of B. J. P., I am acquainted with a number of good (influential) people, I can manage an admission for your son at a nearby place at Karad or Kanakavali". It was informed that Demand Drafts of Rs.27,00,000/- and Rs.7,48,630/- were required to be obtained.
The Complainant agreed to the same and had paid you twice, an amount of Rs.10,00,000/- in cash, thus a total sum of Rs.20,00,000/- in the month of March, 2022 and thereafter, a sum of Rs.3,50,000/- and Rs.4,00,000/-, thus a total amount of Rs.27,00,000/-, in cash, for the purpose of seeking an admission."
6. Thus, it is clear that what is set out in the complaint is that the
Complainant's son has obtained admission for MBBS at Chennai and
also in a Medical College at Dhule. The Petitioner claiming to be a party
worker of BJP has represented that she knows many influential people
and she would ensure that the son of the Respondent could get
33-WP-2813-2025.doc
admission in the Medical College at Karad or Kankavali and for that
purpose amount of Rs.27,00,000/- have been paid by the Complainant
to the Petitioner.
7. It is further stated in paragraph no.2 of the said complaint that
the Petitioner-Accused took the complaint to Karad with a Demand
Draft of Rs.7,48,630/- and as the said Demand Draft was not encashed
for considerable period the Complainant came to know that the
Petitioner is cheating the Complainant and therefore, the Complainant
demanded back the said amount and therefore three cheques of
Rs.9,00,000/- each dated 20th August, 2022, 22nd August, 2022 and 22nd
August, 2022 had been handed over to the Complainant by the Accused.
The said cheques were presented in the bank and subsequently
dishonoured. Thereafter, statutory notice was issued and then the
complaint has been filed.
8. It is required to be noted that in the complaint it is specifically
stated that the Complainant's son had obtained admission for MBBS at
Chennai and also in a Medical College at Dhule. It was represented to
the Complainant that the Petitioner could get the admission in the
college at Karad or Kankavali and for that purpose Demand Drafts of
Rs.27,00,000/- and Rs.7,48,630/- would be required and therefore the
said payments were made. In fact a Demand Draft of Rs.7,48,630/- was
also obtained.
33-WP-2813-2025.doc
9. Thus, it is clear that the Petitioner represented the Complainant
that said amount would be paid by Demand Draft to the concerned
college. It is also significant to note that the Petitioner has not denied
issuance of cheques and dishonour of the same. In this background of
the matter, it is stated by the learned District Judge while rejecting the
revision is whether the cheques issued by the accused are within the
ambit of legally enforceable debt would be decided on merit.
10. The Supreme Court in the case of Rajesh Jain v. Ajay Singh 1
considered in detail the presumption under Section 118 and 139 of NI
Act when there is no dispute over execution of cheque. The relevant
discussion is to be found in Paragraph Nos. 33 to 44, which reads as
under:-
"33. The NI Act provides for two presumptions : Section 118 and Section 139. Section 118 of the Act inter alia directs that it shall be presumed, until the contrary is proved, that every negotiable instrument was made or drawn for consideration. Section 139 of the Act stipulates that "unless the contrary is proved, it shall be presumed, that the holder of the cheque received the cheque, for the discharge of, whole or part of any debt or liability". It will be seen that the "presumed fact"
directly relates to one of the crucial ingredients necessary to sustain a conviction under Section 138.
34. Section 139 of the NI Act, which takes the form of a "shall presume" clause is illustrative of a presumption of law. Because Section 139 requires that the Court "shall presume"
the fact stated therein, it is obligatory on the Court to raise this presumption in every case where the factual basis for the raising of the presumption had been established. But this does not preclude the person against whom the presumption is drawn from rebutting it and proving the contrary as is clear 1 (2023) 10 SCC 148
33-WP-2813-2025.doc
from the use of the phrase "unless the contrary is proved".
35. The Court will necessarily presume that the cheque had been issued towards discharge of a legally enforceable debt/liability in two circumstances. Firstly, when the drawer of the cheque admits issuance/execution of the cheque and secondly, in the event where the complainant proves that cheque was issued/executed in his favour by the drawer. The circumstances set out above form the fact(s) which bring about the activation of the presumptive clause.[Bharat Barrel & Drum Mfg. Co. v. Amin Chand Payrelal [Bharat Barrel & Drum Mfg. Co. v. Amin Chand Payrelal, (1999) 3 SCC 35] ].
36. Recently, this Court has gone to the extent of holding that presumption takes effect even in a situation where the accused contends that a blank cheque leaf was voluntarily signed and handed over by him to the complainant. [Bir Singh v. Mukesh Kumar [Bir Singh v. Mukesh Kumar, (2019) 4 SCC 197 :
(2019) 2 SCC (Civ) 309 : (2019) 2 SCC (Cri) 40] ]. Therefore, mere admission of the drawer's signature, without admitting the execution of the entire contents in the cheque, is now sufficient to trigger the presumption.
37. As soon as the complainant discharges the burden to prove that the instrument, say a cheque, was issued by the accused for discharge of debt, the presumptive device under Section 139 of the Act helps shifting the burden on the accused. The effect of the presumption, in that sense, is to transfer the evidential burden on the accused of proving that the cheque was not received by the Bank towards the discharge of any liability. Until this evidential burden is discharged by the accused, the presumed fact will have to be taken to be true, without expecting the complainant to do anything further.
38.John Henry Wigmore [John Henry Wigmore and the Rules of Evidence : The Hidden Origins of Modern Law] on Evidence states as follows:
"The peculiar effect of the presumption of law is merely to invoke a rule of law compelling the Jury to reach the conclusion in the absence of evidence to the contrary from the opponent but if the opponent does offer evidence to the contrary (sufficient to satisfy the Judge's requirement of some evidence), the presumption 'disappears as a rule of law and the case is in the Jury's hands free from any
33-WP-2813-2025.doc
rule'."
39. The standard of proof to discharge this evidential burden is not as heavy as that usually seen in situations where the prosecution is required to prove the guilt of an accused. The accused is not expected to prove the non-existence of the presumed fact beyond reasonable doubt. The accused must meet the standard of "preponderance of probabilities", similar to a defendant in a civil proceeding. [Rangappa v. Sri Mohan [Rangappa v. Sri Mohan, (2010) 11 SCC 441 : (2010) 4 SCC (Civ) 477 : (2011) 1 SCC (Cri) 184 : AIR 2010 SC 1898] ].
40. In order to rebut the presumption and prove to the contrary, it is open to the accused to raise a probable defence wherein the existence of a legally enforceable debt or liability can be contested. The words "until the contrary is proved"
occurring in Section 139 do not mean that the accused must necessarily prove the negative that the instrument is not issued in discharge of any debt/liability but the accused has the option to ask the Court to consider the non-existence of debt/liability so probable that a prudent man ought, under the circumstances of the case, to act upon the supposition that debt/liability did not exist. [Basalingappa v. Mudibasappa [Basalingappa v. Mudibasappa, (2019) 5 SCC 418 : (2019) 2 SCC (Cri) 571 : AIR 2019 SC 1983] ; see also Kumar Exports v. Sharma Carpets [Kumar Exports v. Sharma Carpets, (2009) 2 SCC 513 : (2009) 1 SCC (Civ) 629 : (2009) 1 SCC (Cri) 823] ].
41. In other words, the accused is left with two options. The first option--of proving that the debt/liability does not exist-- is to lead defence evidence and conclusively establish with certainty that the cheque was not issued in discharge of a debt/liability. The second option is to prove the non-existence of debt/liability by a preponderance of probabilities by referring to the particular circumstances of the case. The preponderance of probability in favour of the accused's case may be even fifty-one to forty-nine and arising out of the entire circumstances of the case, which includes : the complainant's version in the original complaint, the case in the legal/demand notice, complainant's case at the trial, as also the plea of the accused in the reply notice, his Section 313CrPC statement or at the trial as to the circumstances under which the promissory note/cheque was executed. All of
33-WP-2813-2025.doc
them can raise a preponderance of probabilities justifying a finding that there was "no debt/liability". [Kumar Exports v. Sharma Carpets [Kumar Exports v. Sharma Carpets, (2009) 2 SCC 513 : (2009) 1 SCC (Civ) 629 : (2009) 1 SCC (Cri) 823] ].
42. The nature of evidence required to shift the evidential burden need not necessarily be direct evidence i.e. oral or documentary evidence or admissions made by the opposite party; it may comprise circumstantial evidence or presumption of law or fact.
43. The accused may adduce direct evidence to prove that the instrument was not issued in discharge of a debt/liability and, if he adduces acceptable evidence, the burden again shifts to the complainant. At the same time, the accused may also rely upon circumstantial evidence and, if the circumstances so relied upon are compelling, the burden may likewise shift to the complainant. It is open for him to also rely upon presumptions of fact, for instance those mentioned in Section 114 and other sections of the Evidence Act. The burden of proof may shift by presumptions of law or fact. In Kundan Lal case [Kundan Lal Rallaram v. Custodian (Evacuee Property), 1961 SCC OnLine SC 10 : AIR 1961 SC 1316] when the creditor had failed to produce his account books, this Court raised a presumption of fact under Section 114, that the evidence, if produced would have shown the non-existence of consideration. Though, in that case, this Court was dealing with the presumptive clause in Section 118 NI Act, since the nature of the presumptive clauses in Sections 118 and 139 is the same, the analogy can be extended and applied in the context of Section 139 as well.
44. Therefore, in fine, it can be said that once the accused adduces evidence to the satisfaction of the Court that on a preponderance of probabilities there exists no debt/liability in the manner pleaded in the complaint or the demand notice or the affidavit-evidence, the burden shifts to the complainant and the presumption "disappears" and does not haunt the accused any longer. The onus having now shifted to the complainant, he will be obliged to prove the existence of a debt/liability as a matter of fact and his failure to prove would result in dismissal of his complaint case. Thereafter, the presumption under Section 139 does not again come to the
33-WP-2813-2025.doc
complainant's rescue. Once both parties have adduced evidence, the Court has to consider the same and the burden of proof loses all its importance. [Basalingappa v. Mudibasappa [Basalingappa v. Mudibasappa, (2019) 5 SCC 418 : (2019) 2 SCC (Cri) 571 : AIR 2019 SC 1983] ; see also, Rangappa v. Sri Mohan [Rangappa v. Sri Mohan, (2010) 11 SCC 441 : (2010) 4 SCC (Civ) 477 : (2011) 1 SCC (Cri) 184 :
AIR 2010 SC 1898] ]"
11. The following principles emerge from the analysis of the above
decision of the Supreme Court:-
(i) Section 118 of the Act inter alia directs that it shall be
presumed, until the contrary is proved, that every negotiable
instrument was made or drawn for consideration. Section 139 of
the Act stipulates that "unless the contrary" is proved, it shall be
presumed, that the holder of the cheque received the cheque, for
the discharge of, whole or part of any debt or liability.
(ii) As Section 139 requires that the Court "shall presume" the
fact stated therein, it is obligatory on the Court to raise this
presumption in every case where the factual basis for the raising of
the presumption had been established. But this does not preclude
the person against whom the presumption is drawn from rebutting
it and proving the contrary as is clear from the use of the phrase
"unless the contrary is proved".
(iii) The Court will necessarily presume that the cheque had
been issued towards discharge of a legally enforceable debt/liability
in two circumstances. Firstly, when the drawer of the cheque
33-WP-2813-2025.doc
admits issuance/execution of the cheque and secondly, in the event
where the complainant proves that cheque was issued/executed in
his favour by the drawer. The circumstances set out above form the
fact(s) which bring about the activation of the presumptive clause
(iv) The effect of the presumption, in that sense, is to transfer
the evidential burden on the accused of proving that the cheque
was not received by the Bank towards the discharge of any liability.
Until this evidential burden is discharged by the accused, the
presumed fact will have to be taken to be true, without expecting
the complainant to do anything further.
(v) In order to rebut the presumption and prove to the
contrary, it is open to the accused to raise a probable defence
wherein the existence of a legally enforceable debt or liability can
be contested. The words "until the contrary is proved" occurring in
Section 139 do not mean that the accused must necessarily prove
the negative that the instrument is not issued in discharge of any
debt/liability but the accused has the option to ask the Court to
consider the non-existence of debt/liability so probable that a
prudent man ought, under the circumstances of the case, to act
upon the supposition that debt/liability did not exist.
(vi) The accused is left with two options. The first option--of
proving that the debt/liability does not exist--is to lead defence
33-WP-2813-2025.doc
evidence and conclusively establish with certainty that the cheque
was not issued in discharge of a debt/liability. The second option is
to prove the non-existence of debt/liability by a preponderance of
probabilities by referring to the particular circumstances of the
case.
(vii) The nature of evidence required to shift the evidential
burden need not necessarily be direct evidence i.e. oral or
documentary evidence or admissions made by the opposite party; it
may comprise circumstantial evidence or presumption of law or
fact. The accused may adduce direct evidence to prove that the
instrument was not issued in discharge of a debt/liability and, if he
adduces acceptable evidence, the burden again shifts to the
complainant. At the same time, the accused may also rely upon
circumstantial evidence and, if the circumstances so relied upon are
compelling, the burden may likewise shift to the complainant.
12. If on the touchstone of the above principles laid down by the
Supreme Court this case is considered then it is clear that the
Complainant's son has already secured admission for medical course in
a college at Chennai and also in a college at Dhule, Maharashtra. What
is represented by the Petitioner to the Respondent No.1-Complainant
that Rs.27,00,000/- and Rs. 7,48,630/- are required to be paid inter alia
by Demand Drafts. In Maharashtra 15% seats are reserved for private
33-WP-2813-2025.doc
Medical Colleges. The private colleges or the institutions conducting
these private colleges are registered Public Trusts registered under
Maharashtra Public Trust Act, 1950. They give the admission with
respect to said reserved seats on the basis of merits. Some of the
colleges also take donations and issues receipts for the same.
Admittedly, the Petitioner-Accused has returned the said amount by
three cheques each of Rs.9,00,000/- dated 20th August, 2022, 22nd
August, 2022 and 22nd August, 2022. It is not even the case of the
Petitioner that said amount is given to the management of the said
Medical College or any person as illegal gratification for securing
admission for the son of the Respondent in Medical College. In fact
admittedly the Petitioner has returned back the said amount by cheques
which have been dishonoured. As per the settled legal position in the
facts and circumstances it can be presumed until the contrary is proved
that every negotiable instruments was made or drawn for consideration.
Section 118 of the Act inter alia provides that it shall be presumed, until
the contrary is proved, that every negotiable instrument was made or
drawn for consideration. Section 139 of the Act stipulates that "unless
the contrary is proved, it shall be presumed, that the holder of the
cheque received the cheque, for the discharge of, whole or part of any
debt or liability. Thus, in the facts and circumstances it can not be said
that said presumption is rebutted.
33-WP-2813-2025.doc
13. In any case the Respondent No.1 has been directed to deposit
under Section 143-A of the NI Act only amount of Rs.5,40,000/- i.e.
20% of the cheque amount. Obviously, said amount is subject to the
result of said S.S.C. No. 429 of 2023. Thus, no prejudice is caused to the
Petitioner as observed by the learned Sessions Court while passing
impugned order in revision.
14. Learned Counsel of the Petitioner has relied on the judgment of
the Supreme Court in the case of Rakesh Ranjan Shrivastava v. State of
Jharkhand 2 and more particularly on paragraph no.19(c)(iii) wherein,
Supreme Court has held that if the defence of the Accused is found to
be prima facie plausible, the Court may exercise discretion in refusing to
grant interim compensation. However, as already discussed hereinabove
this is a case where the representation made by the Petitioner was that
amount was required to be paid by the Demand Drafts of
Rs.27,00,000/- and Rs.7,48,630/- to the concerned college. Thus, prima
facie the case of the Petitioner-Accused is not found to be plausible.
Even if it is assumed that the said amount is paid by cash then also as
noted hereinabove private Medical College are run by Public Trust
registered under the provision of Maharashtra Public Trust Act, 1950
and are duty bound to issue receipts of the amount taken. It is not even
the case of the Petitioner that said amount is paid in cash to any person
as illegal gratification. Thus, in the facts and circumstances, discretion 2 AIR OnLine 2024 SCC 174
33-WP-2813-2025.doc
exercised by the learned trial Court as confirmed by the learned
Revisional Court in directing payment of compensation is proper. No
case is made out for interference in the said discretion particularly
under jurisdiction of this Court under Article 227 of the Constitution of
India.
15. Learned Counsel appearing for the Petitioner has also pointed out
a FIR bearing No.899 dated 30 th September, 2022 lodged by the
Respondent No.1 i.e. present Complainant against Petitioner, her
husband and one Jayram Madhukar Patil. Learned Counsel of the
Petitioner relied more particularly on last paragraph of the
supplementary statement dated 1st October, 2022. The said last
paragraph reads as under:-
ßekpZ@,izhy&2022 e/;s vihZrk iMoG o vjfoan iMoG ;kauh ek÷;k eqykps vWMeh'kups ea´ky;krqu ckGk dkusdj ;kaP;kdMqu ysVj feG.kkj vkgs vls lkaxqu ek÷;kdMqu ,dnk 1]50]000/- :- ¼fnM yk[k :-½ o nqlÚ;kank 2]00]000/- :- ¼nksu yk[k :-½ vls ,dq.k 3]50]000/- :- ?ksrys gksrs- lnjps iSls ea=ky;kr ns.;klkBh vjfoan iMoG ;kP;klkscr nqxsZ'k ikVhy ;kl ikBfoys gksrs- R;k njE;kus ekÖ;k eqykps vWMeh'kups lanHkkZr vjfoan ikVhy ;kauh eyk] ek>k eqyxk vkdkj ikVhy vls nqxsZ'k ikVhy ;kP;k ;quksOgk dkj e/;s lkrkjk ;sFkhy fVªcks VªsaM xqycgkj ukokpk gkWVsy ;sFks usys gksrs- vkEgkyk gkWVsy e/;s cloqu vjfoan iMoG ;kauh vkeP;kdMqu ?ksrysY;k iS';kae/kqu dkgh jDde ?ksÅu gkWVsyP;k ikdhZxa e/;s tkÅu rsFks ,dk blekl iSls fnysys vkgsr vls ;sÅu vkEgkyk lkaxk;pk- vjfoan iMoG gk R;kfBdk.kh dks.kk blekl HksVk;pk o R;k blekl fdrh iSls |ko;kpk ;kckcr eyk lkaxrk ;s.kkj ukgh-Þ
(Emphasis added) English translation is as follows:
"In the month of March / April, 2022, Arpita Padval and Arvind Padval had obtained from me a sum of 1,50,000/- (Rs. One Lakh Fifty thousand only) on one occasion and Rs.2,00,000/- (Rs. Two Lakhs) on another occasion, thus a total sum of Rs.3,50,000/-, by telling me that a letter for admission of my
33-WP-2813-2025.doc
son would be received from Bala Kanekar, from Mantralaya. Durgesh Patil was sent along with Arvind Padval to pay the said money in Mantralaya. In the meantime, in connection with the admission of my son, Arvind Patil had taken me and my son Aakar Patil to a Hotel viz. Tribo Trend Gulbahar, at Sarara by making us to sit in the Innova Car of Durgesh Patil. Arvind Padval would make us to sit in the hotel and then by coming to us, he would tell us that he had taken some money from out of the monies that he had received from us and had paid the said money to one person in the parking area of the Hotel. I cannot say as to whom Arvind Padval would meet at the said place and as to how much money he would pay to the said person."
16. Thus, what is set out in the said paragraph is that the Petitioner
and her husband had taken an amount of Rs.1,50,000/- and
Rs.2,00,000/- for giving the same to the Mantralaya for getting some
letter. Perusal of the above paragraph shows that the amounts which are
mentioned hereinabove are totally different than the subject matter of
S.C.C. No.429 of 2022 filed under Section 138 r/w 142 of the NI Act.
17. Although, learned Counsel for the Petitioner has not pointed out
contents of the said FIR which states that said amount of
Rs.27,00,000/- was required to be paid by cash. However, as set out
hereinabove these private Medical Colleges are run by Public Trusts
registered under the provisions Maharashtra Public Trust Act, 1950 are
duty bound to issue receipts for the amounts paid. As the son of the
Respondent could not get admission in said Medical Colleges and the
cheques are issued for refund of said amount it cannot be said that the
cheques are not issued for discharge of any debt or liability. It is
required to be noted that as observed hereinabove it is not the case of
33-WP-2813-2025.doc
the Petitioner that said amount was paid in cash to the management of
said Medical College as illegal gratification. Thus, prima facie, it cannot
be said that the amount paid by cheques by the Petitioner to the
Respondent No.1 is not towards discharge of debt or liability.
18. Accordingly, no case is made out for interference in the impugned
orders, in the facts and circumstances, particularly under writ
jurisdiction of this Court.
19. Accordingly, the Writ Petition is dismissed.
[MADHAV J. JAMDAR, J.]
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!