Bombay High Court
SURESH M. CHHATWANIversusUMESH DINESH SHAH AND ANR.
- Decided
- Disposal
- Dismissed
- Bench
- N R BORKAR
Holding
The appeal was dismissed for want of prosecution.
Summary
The appellant, Suresh M. Chhatwani, appealed against the Metropolitan Magistrate's order acquitting Umesh Dinesh Shah (Respondent No.1) of an offence under Section 138 of the Negotiable Instruments Act. The appeal was filed in the Bombay High Court. The record showed that the appellant was not interested in pursuing the prosecution. Consequently, the Court dismissed the criminal appeal for want of prosecution. No substantive merits of the Section 138 claim were examined.
Issues considered
- Whether a criminal appeal can be dismissed for want of prosecution when the appellant shows no interest in pursuing the case
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- appeal dismissed
- want of prosecution
- criminal procedure
Judgment
1 1-APEAL 1123-05.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1123 OF 2005
Suresh M. Chhatwani … Appellant
Vs.
Umesh Dinesh Shah & Anr. … Respondents
-----
None for the Appellant.
None for Respondent No.1.
Mr. V. N. Sagare, APP for Respondent No.2-State.
-----
CORAM : N.R. BORKAR, J.
Digitally
DATE : 06TH AUGUST 2026
signed by
MUGDHA
MUGDHA MANOJ P.C. :
MANOJ PARANJAPE
PARANJAPE Date:
2026.08.06
15:15:49
+0530
1. This Appeal takes exception to the judgment and order dated 21 th
September 2005 passed by the Metropolitan Magistrate, Dadar, Mumbai in
C.C. No.180/S/2003 and C.C. No.181/S/2003.
2. By the impugned judgment and order, 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
Checking your session…