Bombay High Court

M/S. ALPIC FINANCE LTD .versusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 28 August 2026
Disposal: Dismissed

Holding

The appeal was dismissed for want of prosecution.

Summary

M/s. ALPIC Finance Ltd. appealed against the Metropolitan Magistrate's order acquitting the second respondent under Section 138 of the Negotiable Instruments Act. The appellant did not appear or present any counsel, indicating a lack of interest in prosecuting the appeal. The High Court noted that an appeal cannot proceed without the appellant's prosecution. Consequently, the court dismissed the appeal for want of prosecution. No substantive examination of the merits of the Section 138 charge was undertaken.

Issues considered

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

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 138
Negotiable Instruments Act
appeal dismissed
want of prosecution
criminal procedure

Judgment

DINESH
SADANAND
SHERLA
                                                                                             14-apeal-853-2006.odt
Digitally signed by
DINESH
SADANAND
SHERLA
Date: 2026.08.28
17:14:28 +0530


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                       CRIMINAL APPEAL NO. 853 OF 2006

                      M/s. ALPIC Finance Ltd.                                         …Appellant
                            V/s.
                      The State of Maharashtra & Anr.                                 ...Respondents.

                                                  …………..
                      None present for the Appellant.
                      Mrs. Rutuja Ambekar, APP for the Respondent/State.
                                                  …………..

                                                          CORAM        :     N.R. BORKAR, J.
                                                          DATE         :     28.08.2026.

                      P.C. :

                      1.       This appeal takes exception to the judgment and order dated
                      28.12.2025 passed by the Metropolitan Magistrate, Andheri,
                      Mumbai in C.C. No.2856/S/2002.


                      2.       By        the   impugned   judgment         and   order,   the        learned
                      Magistrate has acquitted the respondent No.2 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

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