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Bombay High Court

T.C.I. FINANCE LTD.versusM/S. SALSTAR FOODS AND BEVERAGES. LTD. AND ORS.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for want of prosecution.

Summary

T.C.I. Finance Ltd. appealed against the order of the Additional Chief Metropolitan Magistrate who had dismissed its complaint and acquitted M/s. Salstar Foods & Beverages Ltd. and others under Section 138 of the Negotiable Instruments Act for want of prosecution. The appeal, filed in 2007, remained pending for many years with no steps taken to serve the respondents. The court observed that the appellants appeared uninterested in pursuing the matter. Consequently, the High Court dismissed the appeal for want of prosecution. The dismissal upheld the magistrate's earlier order of acquittal.

Issues considered

  • Whether an appeal can be dismissed for want of prosecution due to prolonged inactivity by the appellant
  • Whether the magistrate's dismissal of the complaint under Section 138 NI Act was maintainable

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • want of prosecution
  • criminal appeal
  • dismissal

Judgment

         Digitally
         signed by
         DINESH
DINESH   SADANAND                                                                      28-appeal-823-2007.odt
SADANAND SHERLA
SHERLA   Date:
         2026.09.07
         19:21:10
         +0530


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                       CRIMINAL APPEAL NO. 823 OF 2007

                      T.C.I. Finance Ltd.                                   …Appellants
                             V/s.
                      M/s. Salstar Foods & Beverages Ltd.
                      and Ors.                                              ...Respondents.

                                                    …………..
                      None for the Appellants.
                      Mrs. S.S. Kaushik, APP for the Respondent/State.
                                                    …………..
                                                  CORAM :        N.R. BORKAR, J.
                                                  DATE      :    7.9.2026.
                      P.C. :

                      1.       This appeal takes exception to the order dated 21.12.2001
                      passed by the learned Additional Chief Metropolitan Magistrate,
                      37th Court, Esplanade, Mumbai in C.C.No.215/S/1997.


                      2.       By        the   impugned   order,    the   learned    Magistrate        has
                      dismissed the complaint filed by the present appellants for want of
                      prosecution and acquitted respondent Nos.1 to 3 herein for the
                      offence            punishable   under   Section     138   of   the   Negotiable
                      Instruments Act.


                      3.       This appeal is pending since 2007 and no steps are taken to
                      serve respondent Nos.1 to 3. It appears that the appellants are not
                      interested in prosecuting the present appeal. The Appeal is
                      dismissed for want of prosecution.


                                                                            [N.R.BORKAR, J.]


                      Dinesh S. Sherla                             1/1


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