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
- Negotiable Instruments Act — s. 138
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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