Bombay High Court

M/S. MAXWELL INDUSTRIES LTD.versusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 31 July 2026
Disposal: Dismissed
Bench: N R BORKAR

Holding

The appeal is dismissed for want of prosecution.

Summary

M/s. Maxwell Industries Ltd. appealed against the acquittal of the second respondent in a case under Section 138 of the Negotiable Instruments Act. The Metropolitan Magistrate had acquitted the respondent, prompting the appellant to file a criminal appeal. During the proceedings, it became evident that the appellant was not interested in pursuing the appeal. Consequently, the High Court dismissed the appeal for want of prosecution. The judgment underscores that an appeal cannot proceed without the appellant's active participation.

Issues considered

Whether an appeal can be dismissed for want of prosecution when the appellant shows no interest in pursuing the case

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Criminal appeal
Section 138 NI Act
Acquittal
Want of prosecution
Procedural dismissal

Judgment

                                                            18-apeal-735-2008.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL APPEAL NO. 735 OF 2008

M/s. Maxwell Industries Ltd.                      …Appellant

        V/s.

The State of Maharashtra & Anr.                   ...Respondents


None for the Appellant.
Mr. V. N. Sagare, APP for the Respondent/State.


                                 CORAM        :   N.R. BORKAR, J.
                                 DATE         :   31.07.2026.

P.C. :

1.                This Appeal takes exception to the judgment and order
dated 10.05.2007 passed by the Metropolitan Magistrate, Andheri,
Mumbai in C. C. No.172/SS/2004.


2.                By the impugned judgment and order, the learned
Magistrate has acquitted the respondent No.2 for the offence
punishable under Sections 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
Appeal is thus dismissed for want of prosecution.



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

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