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Bombay High Court

VIJAY KUMAR MARUTI JAKHANIversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed due to non-payment of court fees and non-appearance of the parties.

Summary

The appellant challenged the acquittal of the second respondent in a case under section 138 of the Negotiable Instruments Act, 1881. The appeal, filed in 2008, remained pending for many years. Neither the appellant nor the second respondent appeared before the High Court, and the appellant’s counsel had not paid the required court fees. The Court observed that, in the absence of any appearance and with the fee default, it could not proceed with the appeal. Consequently, the Court dismissed the appeal, noting the procedural lapse. The dismissal upheld the original acquittal.

Issues considered

  • Can an appeal be entertained when the appellant’s counsel has not paid the requisite court fees?
  • Does the non-appearance of both parties justify dismissal of a pending criminal appeal?

Legislation cited

Subjects

  • Negotiable Instruments Act
  • Section 138
  • appeal
  • court fees
  • procedural default
  • acquittal
  • criminal procedure

Judgment

                                      Digitally
                                      signed by
                                      CHITRA
                             CHITRA   SANJAY
                             SANJAY   SONAWANE
                             SONAWANE Date:
                                      2026.03.24
                                      16:05:46
                                      +0530
Chitra Sonawane                                                                11-A-1176-2008.doc



 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       CRIMINAL APPELLATE JURISDICTION

                  Criminal Appeal No.1176 of 2008

Vijay Kumar Maruti Jakkani,
Indian, Age: 43 yrs,
Resident of Mumbai,
Residing at 29/30, Madhuvan
Coop. Housing Soc. Ltd
(sikandari Bldg.)
Senapati Bapat Marg, Opp Matunga
Railway Station, Matunga (W),
Mumbai-16.                                                                … Appellant.
      Vs.
1. The State of Maharashtra
2. Shashikant Korba Kadar, Indian,
Adult, Resident of Mumbai,
R/at Matunga Labour Camp,
Chawl, No.E/18,
Room No.5, Dr Ambedkar Road,
Mumbai-19.                                                                … Respondent.
                                     ---
None for the appellant.
Ms MR Tidke, APP for the respondent / State.
                        ---
                          Coram : R.N.Laddha, J.
                          Date : 24 March 2026.
P.C. :

      The present appeal takes exception to the judgment
and order dated 2 July 2008, passed by the learned

                             Page No. 1 of 2
                           ____________________________________________


                                 24 March 2026
Chitra Sonawane                                                               11-A-1176-2008.doc



Metropolitan Magistrate, 13th Court, Dadar, Mumbai, in
CC No.1000/SS/06,whereby respondent No.2 was acquitted
of the offence punishable u/s 138 of the Negotiable
Instruments Act, 1881 (NI Act).


2.    Today, when the matter was taken up for hearing,
neither the appellant, nor respondent No.2 appeared before
the Court. The office note reflects that the Advocate for the
appellant has not paid the requisite Court fees. The appeal
has remained pending since the year 2008. In the
circumstances, this Court has no other option except to
dismiss the present appeal. Accordingly, the appeal stands
dismissed.

                                                                      [R. N. Laddha, J.]




                         Page No. 2 of 2
                       ____________________________________________


                             24 March 2026


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