Ashish C. Shah v. M/s. Sheth Developers Pvt. Ltd. and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(Bom) 7

BOMBAY HIGH COURT
J. H. Bhatia, J.
Ashish C. Shah v. M/s. Sheth Developers Pvt. Ltd. and Others

Table of Content
1. initial proceedings and basic context of payment and cheque issues. (Para 1 , 2 , 3)
2. arguments regarding document admissions and court order implications. (Para 4 , 5)
3. legal analyses on the necessity of primary evidence and statutory requirements. (Para 6 , 7 , 8)
4. court’s rationale on secondary evidence admissibility. (Para 9 , 10 , 11)
5. final conclusions regarding the dismissal of the petition. (Para 12 , 13 , 14 , 15)
6. outcome and directive for expediting the trial. (Para 16 , 17)

1. Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties.

2. To state in brief, the respondent No. 1 before this Court is the original complainant and the present petitioner is the original accused No. 1 in Criminal Case No. 1171 / SS / 2009. Respondent No. 3 is the original accused No. 2 and wife of the present petitioner. According to the complainant, the accused persons had represented to the complainant that they would acquire land to the extent of 1000 acres at village Nandgaon and it could be developed jointly by the complainant and accused persons. Accused persons agreed to give inspection of the title deeds on the lands acquired till then subjec