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Bombay High Court

M/S. DHL EXPRESS (INDIA) PVT. LTD.versusM/S. ELBEE SERVICES LTD AND ORS.

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for want of prosecution.

Summary

The case is a criminal appeal filed by M/s. DHL Express (India) Private Limited against the acquittal of M/s. Elbee Services Ltd and others by the Special Metropolitan Magistrate in a case under Section 138 of the Negotiable Instruments Act. The magistrate had held that the respondents were not guilty of the alleged dishonour of a cheque. The appellant, however, did not pursue the appeal and indicated a lack of interest in prosecuting it. The High Court noted that an appeal cannot proceed without the appellant’s prosecution. Consequently, the Court dismissed the appeal for want of prosecution.

Issues considered

  • Whether an appeal under the Negotiable Instruments Act can be entertained when the appellant shows no interest in prosecuting the appeal

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • criminal appeal
  • dismissal for want of prosecution

Judgment

                                                          1              31-APEAL 404-08.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO.404 OF 2008

                       M/s. DHL Express (India) Private Limited       … Appellant
                             Vs.
                       M/s. Elbee Services Ltd & Ors.                 … Respondents
                                                          -----
                       None for the Appellant.
                       Ms. Rutuja Ambekar, APP for the Respondent-State.
                                                          -----

                                                        CORAM :     N.R. BORKAR, J.
                                                        DATE    :   20TH AUGUST 2026
          Digitally
          signed by
          MUGDHA
                       P.C. :
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.08.20
          18:10:20
          +0530
                       1.       This Appeal takes exception the judgment and order dated 18 th
                       December 2007 passed by the Special Metropolitan Magistrate in C. C.
                       No.1306/SS/2005.


                       2.       By the impugned judgment and order, the Learned Metropolitan
                       Magistrate has acquitted Respondent Nos.1 to 3 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. The Criminal Appeal is thus
                       dismissed for want of prosecution.


                                                                    (N.R. BORKAR, J.)




                            Mugdha                                                             1 of 1


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