Bombay High Court

M/S. NATIONAL POLYMERSversusEASTERN POLYMERS AND ORS.

Decided: 7 July 2026
Disposal: Dismissed
Bench: N R BORKAR

Holding

The appeal was dismissed for want of prosecution.

Summary

National Polymers appealed against the acquittal of Eastern Polymers, Govind R. Rohiwal and Bhanwarlal Sadalpuria by the Metropolitan Magistrate, Mazgaon, for an alleged offence under Section 138 of the Negotiable Instruments Act. The magistrate had found the respondents not guilty. During the appeal, the appellant indicated a lack of interest in pursuing the matter. The High Court observed that an appeal cannot proceed without the appellant’s prosecution. Consequently, the Court dismissed the appeal for want of prosecution.

Issues considered

Can an appeal be maintained when the appellant shows no interest in prosecuting the appeal?

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Section 138
Negotiable Instruments Act
Acquittal
Appeal dismissed
Want of prosecution
Criminal appeal

Judgment

                                                                    42-apeal-587-07.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO. 587 OF 2007

M/s. National Polymers                               …Appellant
     V/s.
1.   Eastern Polymers
2.   Govind R. Rohiwal
3.   Bhanwarlal Sadalpuria
4.   State of Maharashtra                            ...Respondents.
                                        …………..
None for the Appellant.
Mr. Y.Y. Dabake, APP for the Respondent/State.
                              …………..
                            CORAM :        N.R. BORKAR, J.
                            DATE     :     07.07.2026.
P.C. :

1.       This appeal takes exception to the judgment and order dated
6th March 1999 passed by the learned Metropolitan Magistrate,
Mazgaon, Mumbai in Criminal Case No.43/S/1997 (Old Case
No.208/S/91)


2.       By        the   impugned   judgment       and   order,   the     learned
Magistrate has acquitted the 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 appeal 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

Continue reading with your account

Checking your session…