Bombay High Court
MOHD. MAZAHARUDDIN GAFOORUDDIN SIDDIQUIversusMOHD. AZIMUDDIN SIDDIQUI AND ANR
- Decided
- Disposal
- Dismissed
Holding
The application is dismissed for non‑prosecution due to the applicant's consistent default.
Summary
The applicant, Mohd. Mazaharuddin Gafooruddin Siddiqui, sought to challenge an acquittal under Section 138 of the Negotiable Instruments Act, 1881. The court repeatedly adjourned the matter because no counsel appeared for the applicant on several dates (9 January 2026, 14 August 2026, and 21 August 2026). Despite multiple warnings, the applicant continued to be absent, indicating a lack of interest in pursuing the case. The court held that such consistent default amounted to a failure to prosecute. Consequently, the application was dismissed for non‑prosecution.
Issues considered
- Whether the applicant's repeated failure to appear warrants dismissal of the application for non‑prosecution.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- criminal procedure
- default
- dismissal
- Section 138
- Negotiable Instruments Act
- non‑prosecution
Judgment
Digitally
signed by
VINA 2.cri.alp.106.2016.doc
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.08.21
18:13:33
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (ALP) NO.106 OF 2016
Mohd. Mazaharuddin Gafooruddin Siddiqui … Applicant
Versus
Mohd. Azimuddin Siddiqui and anr. … Respondents
***
None for the Applicant.
Ms. M. R. Tidke, APP for Respondent-State.
***
CORAM : M.M. SATHAYE, J.
DATE : 21 AUGUST, 2026
P.C. :
1. On 09.01.2026, following order was passed :-
“. On the last occasion, none appeared on behalf
of the Applicant. Even today, three is no
appearance on behalf of the Applicant.
2. Stand over to 6th February 2026.
3. It is made clear that, if on the next date, none
appears for the Applicant, this Court will be
constrained to pass an appropriate order.”
2. On 14.08.2026, the following order was passed:
1. The Applicant is original complainant
challenging order of acquittal arising out of
proceedings under Section 138 of the
Negotiable Instruments Act, 1881.
2. None appears for the Applicant. On 09.01.2026
also nobody had appeared for the Applicant.
3. In the circumstances, stand over to 21.08.2026,
as an
opportunity. To be listed ‘for dismissal’
Vina Khadpe 1
2.cri.alp.106.2016.doc
3. Today, the matter is listed for dismissal. However, nobody
appears for the Applicant. Considering, the consistent default, it
appears that the Applicant is not interested in proceeding with the
matter.
4. Therefore, Application is dismissed for non-prosecution.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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