JAGDISH BAGRI versus RAJENDRA KUMAR LUHARIWALA AND ANR.

JAGDISH BAGRI versus RAJENDRA KUMAR LUHARIWALA AND ANR.

In view of the peculiar facts and difficulties faced by counsel, impugned order of High Court is set aside; matter remanded for fresh consideration on merits.

Parties
Appellant: Jagdish Bagri; Respondent: Rajendra Kumar Luhariwala; Respondent: Anr.
Jurisdiction
India
Judgment Date
21 January 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal disposed of; impugned order set aside; matter remitted for fresh consideration on merits.
Legal Topics
Negotiable Instruments Act S.138, Criminal Revision, Advocate's Duty, Ex Parte Dismissal
Criminal Law Negotiable Instruments Act S.138 Criminal Revision Advocate's Duty Ex Parte Dismissal

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Parties

Jagdish Bagri

Appellant

Rajendra Kumar Luhariwala

Respondent

Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether dismissal of revision petition for non-prosecution in absence of counsel was justified
  2. 2 Whether cheque issued as security attracts s.138 of Negotiable Instruments Act

Ratio Decidendi

In view of the peculiar facts and difficulties faced by counsel, impugned order of High Court is set aside; matter remanded for fresh consideration on merits.

Court Disposition

Appeal disposed of; impugned order set aside; matter remitted for fresh consideration on merits.

Orders

  • Matter remitted to High Court for fresh consideration on merits.
  • Parties directed to appear before concerned Court on 28.1.2009.