Bombay High Court

ARTI ASHOK SUTRALEversusRAJENDRA JAGANNATHE BHAVSAR AND ANR.

Decided: 31 August 2026
Disposal: Dismissed

Holding

The appeal is dismissed for want of prosecution, leaving the lower court's acquittal undisturbed.

Summary

The appellant, Arti Ashok Sutrale, filed Criminal Appeal No. 36 of 2009 challenging the acquittal of the respondents, Rajendra Jagannathe Bhavsar and another, by the Judicial Magistrate First Class, Malegaon, in S.C.C No. 360 of 2004. The lower court had acquitted the respondents of an offence punishable under Section 138 of the Negotiable Instruments Act. The appeal record indicates that the appellant expressed no interest in prosecuting the appeal. Consequently, the High Court examined whether the appeal could proceed in the absence of prosecution. Justice N.R. Borkar dismissed the appeal for want of prosecution, thereby upholding the acquittal. No further substantive examination of the merits of the Section 138 charge was undertaken.

Issues considered

What is the effect of a party's lack of interest in prosecuting an appeal on the continuation of the appeal?
Whether an appeal can be dismissed for want of prosecution despite the existence of a prior acquittal?

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Negotiable Instruments Act
Section 138
Acquittal
Appeal dismissed
Want of prosecution

Judgment

                                                                                           3-apeal-36-2009.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO. 36 OF 2009

                      Arti Ashok Sutrale                                    …Appellant
                              V/s.
                      Rajendra Jagannathe Bhavsar & Anr.                    ...Respondents


                      None for the Appellant.
                      Ms. Rutuja Ambekar, APP for the Respondent/State.


                                                        CORAM         :     N.R. BORKAR, J.
                                                        DATE          :     31.08.2026.
PRAMOD
SANTOSH               P.C. :
LAKARE
Digitally signed by
PRAMOD
SANTOSH LAKARE
Date: 2026.08.31
                      1.                 This appeal takes exception to the judgment and order
18:38:11 +0530

                      dated 16.07.2008 passed by the Judicial Magistrate First Class,
                      Malegaon, in S.C.C No. 360 of 2004.


                      2.                 By the impugned judgment and order, the learned
                      Magistrate has acquitted the respondent Nos. 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. In
                      that view of the matter, the Appeal is dismissed for want of
                      prosecution.

                                                                            [N.R.BORKAR, J.]
                      Pramod S.Lakare
                                                                1/1

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