Bombay High Court
SURESH MANULAL CHOWDHARIversusDILIP GUNVANTRAI KACHARIYA AND ANR.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
- Bench
- GAURI GODSE
Holding
The leave applications are dismissed for non‑prosecution.
Summary
The applicant, Suresh Manulal Chowdhari, filed a criminal application seeking leave to file an appeal against respondents Dilip Gunvantrai Kachariya and others. No counsel appeared for the applicant on the scheduled date of 11 September 2025, leading to an adjournment. The applicant again failed to appear on the subsequent date. The Court noted the applicant's non‑prosecution and, applying procedural rules, dismissed the applications. The order reflects the Court's view that a party's failure to appear without sufficient cause warrants dismissal of the leave application.
Issues considered
- Whether the applicant's failure to appear before the Court justifies dismissal of the leave to file appeal application?
Subjects
- leave to appeal
- non‑prosecution
- adjournment
- dismissal
- criminal appellate jurisdiction
Judgment
8-9-alp-546-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
varsha
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 546 OF 2018
(Leave to file appeal)
Digitally
signed by
WITH
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2026.01.19
CRIMINAL APPLICATION NO. 547 OF 2018
14:09:18
+0530
(Leave to file appeal)
Suresh Manulal Chowdhari … Applicant
vs.
Dilip Gunvantrai Kachariya and Anr … Respondents
None for the Applicant
Mr. Varun Shah i/b. Ms. Dimple Shah for Respondent No.1.
Mr. D.J. Haldankar, AGP for the Respondent-State.
CORAM : GAURI GODSE, J.
DATED : 17th JANUARY 2026
ORDER:
1. On 11th September 2025, since none had appeared for the
applicant, the applications were adjourned today.
2. Even today, none appears for the applicant.
3. The applications are dismissed for non-prosecution.
(GAURI GODSE, J.)
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