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Bombay High Court

FORTIS FINANCIAL SERVICES LTD.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for want of prosecution as the appellant could not be served with notice.

Summary

Fortis Financial Services Ltd. appealed the acquittal of two respondents in a case under Section 138 of the Negotiable Instruments Act. The Metropolitan Magistrate had discharged the respondents, prompting the appellant to file a criminal appeal. The High Court issued a notice to the appellant, to be served through Azad Maidan Police Station, with a return date of 25 June 2026. The police report indicated that the appellant was not residing at the address mentioned in the appeal memorandum. Because the appellant could not be located for service of notice, the Court dismissed the appeal for want of prosecution.

Issues considered

  • Whether the appeal can proceed when the appellant cannot be served with notice due to non‑residence at the stated address
  • Whether dismissal for want of prosecution is appropriate under procedural law

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • acquittal
  • appeal dismissed
  • want of prosecution
  • service of notice

Judgment

                                         1                 34-APEAL 1023-07.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION

                        CRIMINAL APPEAL NO.1023 OF 2007

Fortis Financial Services Ltd.                       … Appellant
       Vs.
State of Maharashtra & Ors.                          … Respondents
                                             -----
None for the Appellant.
Mr. V. N. Sagare, APP for the Respondent-State.
Mr. Lokesh i/by Abhinandan V. for Respondent No.2.
                                    -----

                                      CORAM :        N.R. BORKAR, J.
                                      DATE    :      22ND JULY 2026
P.C. :


1.        This Appeal takes exception to the judgment and order dated 02 nd
January 2006 passed by the Metropolitan Magistrate in C. C.
No.2808/S/2002.


2.        By the impugned judgment and order, the Learned Metropolitan
Magistrate has acquitted Respondent Nos.2 and 3 herein for the offence
punishable under Section 138 of the Negotiable Instruments Act.


3.        This Court on 05th May 2026 passed the following order:
         “P.C. :
         1.      Appeal is appearing on board after long time. On 17.04.2026 nobody
                 appeared for contesting parties.

         2.   Issue notice to the Appellant, returnable on 25.06.2026. Notice to be
              served through Azad Maidan Police Station.”




     Mugdha                                                                           1 of 2
                                    2               34-APEAL 1023-07.doc



4.       The report submitted by the concerned police station shows that the
Appellant is not residing on the address mentioned in the Appeal Memo.


5.       In that view of the matter, the Criminal Appeal is dismissed for want
of prosecution.

                                              (N.R. BORKAR, J.)




     Mugdha                                                                2 of 2


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