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Bombay High Court

SAMPAT SHANKAR MOREversusDINESH SANGRAMSING THAKOR AND ANR

Decided
Disposal
Dismissed

Holding

The application is dismissed for non‑prosecution.

Summary

The applicant, a complainant in a criminal case under Section 138 of the Negotiable Instruments Act, filed an application challenging the acquittal of the first respondent. The application had previously been dismissed for default on 3 May 2018, restored on 31 July 2018, and again faced no appearance by the applicant on 14 August 2026. The court observed that the applicant appeared uninterested in pursuing the matter. Consequently, the court dismissed the application for non‑prosecution. The order reflects the procedural rule that an application may be dismissed when the party fails to appear or prosecute.

Issues considered

  • What is the appropriate consequence when an applicant fails to appear and prosecute an application challenging an acquittal under Section 138 of the Negotiable Instruments Act?

Legislation cited

Subjects

  • Section 138 NI Act
  • criminal appeal
  • default dismissal
  • non‑prosecution
  • procedural law

Judgment

       Digitally
       signed by
       VINA                                                                    3.cri.alp.209.2017.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.209 OF 2017

                    Sampat Shankar More                               … Applicant
                          Versus
                    Dinesh Sangramsing Thakor and anr.                 … Respondents

                                                           ***
                    None for Applicant.
                    Ms. M. R. Tidke, APP for Respondent-State.
                                                      ***
                                                         CORAM : M.M. SATHAYE, J.
                                                              DATE    : 21 AUGUST, 2026
                    P.C. :

                    1.     The Applicant is a complainant in proceedings arising out of Section
                    138 of the Negotiable Instrument Act, 1881. The Application is filed
                    challenging the acquittal of Respondent No.1.

                    2.        On 14.08.2026, following order was passed :-

                             “1. Record indicates that earlier, the application was
                                 dismissed for default on 03.05.2018 and it was
                                 restored once on 31.07.2018.
                             2. Today, again nobody is appearing for the Applicant.
                             3. Stand over to 21.08.2026. To be listed ‘for dismissal’

                    3.     It is noted that earlier also the matter was dismissed for default and
                    restored.

                    4.     Today, the matter is listed for dismissal. However, nobody is
                    appearing for the Applicant. It appears that the Applicant is not interested
                    in proceeding with the Application.

                    5.        Therefore, the Application is dismissed for non-prosecution.




                                                                       (M.M. SATHAYE, J.)

                    Vina Khadpe                                  1


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