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Bombay High Court

J. S. BUILDING MATERIAL SUPPLIERS PVT. LTD.versusBALAJI ENTERPRISES AND ORS

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for want of prosecution.

Summary

J.S. Building Material Suppliers Private Limited appealed against the acquittal of Balaji Enterprises and its partners for an alleged offence under Section 138 of the Negotiable Instruments Act. The Metropolitan Magistrate had earlier acquitted the respondents. The appellant failed to appear at the hearing on 4 August 2026 and again on 20 August 2026, indicating a lack of interest in prosecuting the appeal. The High Court noted the appellant's non‑appearance and dismissed the appeal for want of prosecution. No further evidence or arguments were presented. Consequently, the acquittal stood and the appeal was dismissed.

Issues considered

  • What is the appropriate course of action when an appellant fails to appear for a criminal appeal?
  • Can an appeal be dismissed solely on the ground of want of prosecution?

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • criminal appeal
  • acquittal
  • want of prosecution

Judgment

         Digitally
         signed by
         DINESH                                                                                4-apeal-1291-25.odt
DINESH   SADANAND
SADANAND SHERLA
SHERLA   Date:
         2026.08.20
         18:16:04
         +0530                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                      CRIMINAL APPEAL NO. 1291 OF 2025

                      J.S. Building Material
                      Suppliers Private Limited                       …Appellant
                            V/s.
                      1.    Balaji Enterprises
                            Registered Partnership Firm
                      2.    Preetam Satya Narayan Kabra
                            Partner of the Balaji Enterprises
                      3.    Tritha Raj
                            Partner of the Balaji Enterprises
                      4.    State of Maharashtra                      ...Respondents.
                                                     …………..
                      None present for the Appellant.
                      Mr. V.N. Sagare, APP for the Respondent/State.
                                                     …………..
                                                   CORAM :       N.R. BORKAR, J.
                                                   DATE       :  20.08.2026.

                      P.C. :

                      1.       This appeal takes exception to the judgment and order dated
                      17th      December         2019    passed     by     the    learned     Metropolitan
                      Magistrate,              56th     Court,      At      Sewree,         Mumbai            in
                      C.C.No.5606332/SS/2019


                      2.       By        the   impugned     judgment       and    order,    the      learned
                      Magistrate has acquitted respondent Nos.1 to 3 herein for the
                      offence            punishable   under      Section    138    of   the    Negotiable
                      Instruments Act.


                      3.       No steps are taken to serve respondent Nos.1 to 3/original
                      accused.


                      Dinesh S. Sherla                              1/2
                                                           4-apeal-1291-25.odt


4.         Even on the previous date of hearing, i.e. 4 th August 2026
none appeared for the appellant. It appears that the appellant is
not interested in prosecuting the present appeal. The Appeal is
thus dismissed for want of prosecution.



                                               [N.R.BORKAR, J.]




Dinesh S. Sherla                      2/2


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