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
- Negotiable Instruments Act, 1881 — s. 138
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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