Bombay High Court
RAYAT SARVA SEVA SANSTHAversusBABASAHEB BAPURAO GURSALE AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The appeal was dismissed for want of prosecution.
Summary
The appellant, Rayat Sarva Seva Sanstha, filed a criminal appeal challenging the Sessions Court's order that set aside a Metropolitan Magistrate's decision and acquitted the respondent under Section 138 of the Negotiable Instruments Act. The Sessions Court had previously acquitted the respondent, prompting the appellant to seek reversal. During the proceedings, the appellant indicated that it was not interested in prosecuting the appeal. Consequently, the High Court, noting the lack of prosecution, dismissed the appeal for want of prosecution. No substantive merits of the Section 138 claim were examined, and the dismissal was solely procedural.
Issues considered
- Whether an appeal can be dismissed for want of prosecution when the appellant expresses no interest in pursuing the case?
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Criminal Appeal
- Section 138 NI Act
- Dismissal for want of prosecution
- Acquittal
- Procedural default
Judgment
1 33-APEAL 822-08.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.822 OF 2008
Rayat Sarva Seva Sanstha … Appellant
Vs.
Babasaheb son of Bapurao Gursale & Anr. … Respondents
-----
None for the Appellant.
Mr. V. N. Sagare, 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
18:10:21
+0530
1. This Appeal takes exception the judgment and order dated 15 th
September 2005 passed by the Sessions Judge, Pune in Criminal Appeal
No.127 of 2004.
2. By the impugned judgment and order, the Learned Sessions Court
has set aside the order passed by the Metropolitan Magistrate and
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. The Criminal Appeal is thus
dismissed for want of prosecution.
(N.R. BORKAR, J.)
Mugdha 1 of 1
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