Bombay High Court
PRAVIN JOSEPH PATHE AND ANR.versusM/S. KOTHARI ASSOCIATES AND ORS.
- Decided
- Disposal
- Dismissed
- Bench
- M M SATHAYE
Holding
The appeal is dismissed for default due to the appellant's non‑appearance.
Summary
The appellant, Pravin Joseph Pathe & Anr., filed a criminal appeal challenging an acquittal under Section 138 of the Negotiable Instruments Act, 1881. A fresh notice was issued in March 2026, but when police attempted service, the appellants could not be found at the address. No party appeared before the court on the hearing date. The court noted the absence of the appellants and, relying on procedural rules, dismissed the appeal for default. The dismissal upheld the earlier acquittal due to the appellant's failure to appear and prosecute the appeal.
Issues considered
- Whether an appeal under Section 138 of the Negotiable Instruments Act can proceed when the appellant fails to appear before the court
- Whether dismissal for default is appropriate in the absence of service of notice and participation
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- default judgment
- criminal appeal
- acquittal
- notice service
Judgment
Digitally
signed by
ANANT
ANANT KRISHNA 45.APEAL.940.2008.doc
KRISHNA NAIK
NAIK Date:
2026.04.30
19:05:41
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.940 OF 2008
Pravin Joseph Pathe & Anr. … Appellants.
Vs.
M/s Kothari Associates & Ors. … Respondent.
***
None for the Appellant.
Mr. Tanveer Khan, APP for the Respondent-State.
***
CORAM : M. M. SATHAYE, J.
DATED : 30th APRIL 2026
P.C.:
1. The Appeal is filed by the Complainant challenging the order of the
acquittal in the proceedings arising out of the section 138 of the Negotiable
Instruments Act, 1881. Recently in March, 2026 fresh notice was issued to
the Appellants.
2. Learned APP has placed on record a copy of the report indicating that
when the concerned police officer went for effecting service of notice upon
the Appellants, they were not found at the address. Copy of the report is
taken on record and marked “X” for identification.
3. Nobody is attending the matter today.
4. In that view of the matter, appeal is dismissed for default.
(M. M. SATHAYE, J.)
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