Bombay High Court

M/S. PARLE SALES SERVICES PVT. LTD.versusY.N. TODANKAR AND ANR.

Decided: 22 July 2026
Disposal: Dismissed
Bench: N R BORKAR

Holding

The appeal is dismissed for want of prosecution.

Summary

Parle Sales Services Pvt. Ltd. appealed the acquittal of Y.N. Todankar (Respondent No.1) under Section 138 of the Negotiable Instruments Act, as ordered by the Metropolitan Magistrate, Andheri, on 21 November 2006. The appellant indicated it was not interested in prosecuting the appeal. The High Court noted the lack of prosecution by the appellant and consequently dismissed the criminal appeal for want of prosecution. The acquittal of the respondent therefore stands. No further substantive legal issues were addressed.

Issues considered

What is the effect of an appellant's lack of interest in prosecuting a criminal appeal on the continuation of the appeal?

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Section 138 NI Act
criminal appeal
acquittal
want of prosecution
high court

Judgment

                                      1                36-APEAL 758-08.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL APPEAL NO.758 OF 2008

M/s. Parle Sales Services Pvt. Ltd.               … Appellant
       Vs.
Y. N. Todankar & Anr.                             … Respondents
                                          -----
None for the Appellant.
None for Respondent No.1.
Mr. P. H. Gaikwad, APP for Respondent No.2-State.
                                  -----

                                  CORAM :         N.R. BORKAR, J.
                                  DATE    :       22ND JULY 2026
P.C. :

1.       This Appeal takes exception to the judgment and order dated 21 st
November 2006 passed by the Metropolitan Magistrate, Andheri, Mumbai
in C. C. No.53/SS/2005.


2.       By the impugned judgment and order, the Learned Magistrate has
acquitted Respondent No.1 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.

4.       In that view of the matter, the Criminal Appeal is dismissed for want
of prosecution.


                                                  (N.R. BORKAR, J.)


     Mugdha                                                                  1 of 1

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