NABROS PHARMA PVT. LTD.versusFINOGLOBAL EXPORTS LTD.
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- SANJEEV THAKER
Holding
The appeal is dismissed for want of prosecution as the appellant failed to appear despite proper notice.
Summary
The appellant, Nabros Pharma Pvt. Ltd., filed a criminal appeal under Section 138 of the Negotiable Instruments Act against Finoglobal Exports Ltd. and others. The High Court had earlier issued a notice on 5 July 2025, making the appeal returnable on 4 August 2025. The notice was duly served, but the appellant failed to appear before the Court and made no request for adjournment. The Court observed that the matter was called out without any representation from the appellant. Consequently, the Court dismissed the appeal for want of prosecution, effectively terminating the proceedings.
Issues considered
- Whether the appeal under Section 138 of the Negotiable Instruments Act can proceed in the absence of the appellant despite service of notice
Legislation cited
Subjects
Judgment
R/CR.A/3089/2008 ORDER DATED: 28/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 3089 of 2008
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NABROS PHARMA PVT. LTD.
Versus
FINOGLOBAL EXPORTS LTD. & ORS.
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Appearance:
MR AMIT J SHAH(736) for the Appellant(s) No. 1
MR BHARAT J JOSHI(2661) for the Opponent(s)/Respondent(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Opponent(s)/Respondent(s) No. 3
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 28/01/2026
ORAL ORDER
As per the earlier order dated 5.7.2025, the Notice
was issued to the appellant making it returnable on 4.8.2025.
The record shows that the notice is served upon
the appellant.
However, no one is present for the appellant when
the matter is called out nor any request for adjournment is
made.
The matter pertains to Section 138 of the
Negotiable Instruments Act and pending since the year 2008.
As there is no representation, the matter is
dismissed for want of prosecution.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/01/2026 17:39:44
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