Bombay High Court

STANDARD CHARTERED BANKversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The application for leave to appeal is dismissed as the applicant failed to prosecute the matter.

Summary

Standard Chartered Bank filed an application for leave to appeal against an order acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881. No counsel appeared on behalf of the bank and the impugned order was not annexed to the record. The matter was repeatedly adjourned on 26-10-2025, 09-01-2026 and 13-01-2026 due to the applicant's non‑appearance. On the last listed date, an advocate sought another adjournment, which was granted. The court observed that the bank showed no interest in pursuing the appeal. Consequently, the application was dismissed for non‑prosecution.

Issues considered

Whether leave to appeal can be granted when the applicant fails to appear and does not prosecute the application

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 138 NI Act
leave to appeal
non‑prosecution
adjournment
criminal appellate jurisdiction

Judgment

                                                                        15-ALP-28-2016.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                         APPLICATION FOR LEAVE TO APPEAL (PVT) NO. 28 OF 2016

                   Standard Chartered Bank                                   ...Applicant
                              Versus
                   The State of Maharashtra and Ors.                         ...Respondents
SNEHA
NITIN                                                     ****
CHAVAN             None for the Applicant.
Digitally signed
by SNEHA
                   Ms. Sharmila Kaushik, APP for Respondent/State.
NITIN CHAVAN
Date: 2026.09.24
                                                   ****
19:30:09 +0530
                                           CORAM : M.M. SATHAYE, J.
                                             DATE : 24th SEPTEMBER, 2026
                   P.C. :


                   1.             This is an application by Bank challenging the order by which
                   the Respondent/accused has been acquitted of offence punishable under
                   Section 138 of the Negotiable Instruments Act, 1881.
                   2.             Nobody is appearing for the Applicant. Even the impugned
                   order is not annexed.
                   3.             Record shows that since nobody attended the matter many
                   times, it is adjourned on 26.10.2025, 09.01.2026 and 13.01.2026. It
                   further appears that only when the application is listed for dismissal,
                   some Advocate appeared and requested for adjournment.
                   4.             On the last occasion also, a request was made for adjournment
                   and the matter was adjourned for today.
                   5.             It appears that the Applicant is not interested proceeding with
                   the matter. Hence this application is dismissed for non-prosecution.


                                                                 (M.M. SATHAYE, J.)




                   Sneha Chavan                                                              1

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Sharmila Kaushik