Bombay High Court
AUDYOGIK VIKAS NAGARI SAHAKARI PATPEDHI LTD.versusKISAN KASHINATH SAGAR AND ANR .
- Decided
- Disposal
- Dismissed
Holding
The appeal was dismissed for want of prosecution.
Summary
Audyogik Vikas Nagari Sahakari Patpedhi Ltd. appealed the acquittal of Kisan Kashinath Sagar under Section 138 of the Negotiable Instruments Act. The learned Metropolitan Magistrate had acquitted the respondent. The appellant did not pursue the appeal, indicating a lack of interest in prosecution. The High Court held that an appeal cannot proceed without the appellant’s prosecution. Consequently, the appeal was dismissed for want of prosecution.
Issues considered
- Whether an appeal under the Criminal Procedure Code can continue when the appellant shows no interest in prosecuting the appeal
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Criminal appeal
- Section 138 NI Act
- Acquittal
- Dismissal for want of prosecution
- High Court of Bombay
Judgment
1 18-APEAL 11-07.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.11 OF 2007
Audyogik Vikas Nagari Sahakari Patpedhi Ltd. … Appellant
Vs.
Kisan Kashinath Sagar & Anr. … Respondents
-----
None for the Appellant.
Mr. P. H. Gaikwad, APP for the Respondent-State.
-----
CORAM : N.R. BORKAR, J.
DATE : 03RD SEPTEMBER 2026
P.C. :
Digitally
signed by
MUGDHA
MUGDHA
MANOJ
MANOJ
PARANJAPE
1. This Appeal takes exception to the judgment and order dated 31 st
PARANJAPE Date:
2026.09.03
18:04:31
+0530 August 2006 passed by the Learned Judicial Magistrate First Class, Pune in
C. C. No.119 of 2002.
2. By the impugned judgment and order the Learned Metropolitan
Magistrate has acquitted Respondent No.1 herein for the offence
punishable under Section 138 of the Negotiable Instruments Act.
3. It appears from the record of the Appeal that the Appellant is not
interested in prosecuting the present Appeal. The Criminal Appeal is thus
dismissed for want of prosecution.
(N.R. BORKAR, J.)
Mugdha 1 of 1
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