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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 was dismissed for want of prosecution.

Summary

The appellant, M/s. DHL Express (India) Private Limited, appealed 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 found the respondents not guilty of the alleged dishonour of a cheque. The appellant filed a criminal appeal but indicated it was not interested in prosecuting the appeal. Consequently, the High Court noted the lack of prosecution and dismissed the appeal for want of prosecution. The dismissal effectively upheld the lower court’s acquittal.

Issues considered

  • What is the appropriate course of action when an appellant shows no interest in prosecuting a criminal appeal?

Legislation cited

Subjects

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

Judgment

                                                          1              32-APEAL 408-08.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO.408 OF 2008

                       M/s. DHL Express (India) Private Limited         … Appellant
                              Vs.
                       M/s. Elbee Services Ltd. & Ors.                  … Respondents
                                                          -----
                       None for the Appellant.
                       Mr. P. H. Gaikwad, 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.1452/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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