High Court of Gujarat
MAHAVIRSINH OMKARSINH JODDHAversusJAYESHBHAI VITHHALBHAI PATEL
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellant Mahavirsinh Omkarsinh Joddha filed a criminal miscellaneous application under Section 419 of the BNSS, 2023, seeking leave to appeal the trial court's acquittal order in a case under Section 138 of the Negotiable Instruments Act. The appeal challenged the judgment that had cleared the appellant of the alleged cheque bounce offence. No party, including the appellant or the respondents, appeared before the High Court even after a second call, and no request for adjournment was made. The Court observed that the prosecution had failed to present itself. Consequently, the Court dismissed the appeal for want of prosecution. The order was pronounced by Justice Sanjeev J. Thaker on 8 January 2026.
Issues considered
- What is the effect of non-appearance of parties on a pending criminal appeal under Section 419 of the BNSS, 2023?
- Can an acquittal order under Section 138 of the Negotiable Instruments Act be challenged without the prosecution being present?
Legislation cited
- BNSS, 2023 — s. 419
- Negotiable Instruments Act — s. 138
Subjects
- criminal appeal
- Section 138 NI Act
- Section 419 BNSS
- want of prosecution
- dismissal
Judgment
R/CR.MA/22324/2024 ORDER DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22324
of 2024
In F/CRIMINAL APPEAL/42404/2024
==========================================================
MAHAVIRSINH OMKARSINH JODDHA
Versus
JAYESHBHAI VITHHALBHAI PATEL & ANR.
==========================================================
Appearance:
MR DEVDIP BRAHMBHATT(3490) for the Applicant(s) No. 1
MALAY A DANGE(10127) for the Respondent(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 08/01/2026
ORAL ORDER
The present appeal is filed under Section 419 of
the BNSS, 2023 challenging the judgment and order passed
against the acquittal order for the offence under Section 138
of the Negotiable Instruments Act.
None present even in the second call nor any
request for adjournment is made.
In view of the same, this 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 08/01/2026 17:47:53
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