Bombay High Court
J. S. BUILDING MATERIAL SUPPLIERS PVT. LTD.versusPREETAM SATYA NARAYAN KABRA PROP. OF JYOTI ENTERPRISES AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed for want of prosecution as the appellant failed to appear and showed no interest in pursuing the matter.
Summary
J.S. Building Material Suppliers Private Limited appealed against the acquittal of Preetam Satya Narayan Kabra by the Metropolitan Magistrate, who had found him not guilty of an offence under Section 138 of the Negotiable Instruments Act. The appellant failed to appear at any of the hearings, including the hearing on 4 August 2026, indicating a lack of interest in prosecuting the appeal. The court noted that no steps were taken to serve the accused and that the appellant’s non‑appearance amounted to a want of prosecution. Consequently, the High Court dismissed the appeal for want of prosecution. The judgment reaffirmed that an appeal cannot proceed without the appellant’s participation.
Issues considered
- Whether the appeal can be dismissed for want of prosecution due to the appellant's failure to appear
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Criminal appeal
- Section 138
- Negotiable Instruments Act
- Acquittal
- Dismissal for want of prosecution
Judgment
Digitally
signed by
DINESH
DINESH SADANAND 5-apeal-1296-25.odt
SADANAND SHERLA
SHERLA Date:
2026.08.20
18:15:44
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1296 OF 2025
J.S. Building Material
Suppliers Private Limited …Appellant
V/s.
1. Preetam Satya Narayan Kabra
Proprietor of Jyoti Enterprises
2. 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.5606331/SS/2019.
2. By the impugned judgment and order, the learned
Magistrate has acquitted respondent No.1 herein for the offence
punishable under Section 138 of the Negotiable Instruments Act.
3. No steps are taken to serve respondent No.1/original
accused.
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 1/1
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