REPORTABLE

THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2010

[Arising out of SLP (Crl.) No.3915/2006]

M/S. MANDVI CO-OP BANK LTD.

……….Appellant

VERSUS

NIMESH B. THAKORE

……….Respondent

W I T H

CRIMINAL APPEAL NO(S)._______OF 2010

[Arising out of SLP (Crl.) No(s). 4760/2006, 5689/2006, 1106/2007,

6442/2007, 6443/2007 and 6703/2007]

J U D G M E N T

AFTAB ALAM, J.

1.

Leave granted

2.

In these appeals we are required to consider the special provisions laid

down by section 145 of the Negotiable Instruments Act, 1881 (‘the Act’,

1

hereinafter) for a dishonoured cheque trial and to consider how far certain

assertions made by the accused are in accordance with the provisions

contained in the two sub-sections of that section.

3.

The High Court had before it a large number of writ petitions and

applications under section 482 of the Code of Criminal Procedure. Most of

those petitions were filed on behalf of the accused but a few were also at the

instance of the complainants. On the basis of the grievances made and reliefs

prayed for in those petitions the High Co