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
- Negotiable Instruments Act — s. 138
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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