Bombay High Court

RAMESH S/O. RAMCHANDRA HAVELE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The appeal is dismissed for non‑prosecution.

Summary

The appellants filed a criminal appeal under Section 11 of the Maharashtra Protection of Interest of Depositors (In Finance Establishments) Act, 1999, originally in 2018. When the matter was called, the original counsel, Mr. Rahul G. Joshi, withdrew his instructions, and a replacement counsel, Mr. Arun Shejwal, reported that the clients had taken away the case papers. The court noted that an identical appeal (Criminal Appeal No. 450 of 2021) had already been decided, rendering the present appeal redundant. Finding the appellants negligent and not diligent in prosecuting the appeal, the court dismissed the appeal for non‑prosecution. All pending criminal applications related to the appeal were also dismissed.

Issues considered

Whether the appeal can proceed in the absence of counsel and client instructions
Whether dismissal for non‑prosecution is appropriate when a duplicate appeal has already been decided

Legislation cited

Maharashtra Protection of Interest of Depositors (In Finance Establishments) Act, 1999 — s. 11

Subjects

appeal
non‑prosecution
procedural default
Maharashtra Depositors Act
duplicate litigation

Judgment

2026:BHC-AUG:16807

965
-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

965 CRIMINAL APPEAL NO. 374 OF 2018

Ramesh S/o. Ramchandra Havele And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Rahul G. Joshi, Advocate for Appellant
Mr. G. A. Kulkarni, APP for Respondents/State
...

WITH
CRIMINAL APPLICATION NO. 2818 OF 2018
IN APEAL/374/2018
WITH
CRIMINAL APPLICATION NO. 1460 OF 2018
IN APEAL/374/2018
WITH
CRIMINAL APPLICATION NO. 1597 OF 2018
IN APEAL/374/2018
WITH
CRIMINAL APPLICATION NO. 3061 OF 2018
IN APEAL/374/2018
WITH
CRIMINAL APPLICATION NO. 2745 OF 2018
IN APEAL/374/2018
...
CORAM : SANDIPKUMAR C. MORE AND
ABASAHEB D. SHINDE, JJ.
DATED : 10TH APRIL 2026

PER COURT (Abasaheb D. Shinde J.) :-

1. This appeal is purported to have been filed under Section 11 of

the Maharashtra Protection of Interest of Depositors (In Finance

Establishments) Act, 1999, way back in the year 2018.

Narwade
965
-2-

2. Today, when the appeal was called out, Mr.Joshi, learned

Counsel for the appellants, submits that he has no instructions as he

has already issued ‘No Objection’ to his clients. Mr. Arun Shejwal,

learned Counsel for the appellants who replaced Mr. Joshi, makes the

same request, stating that the clients have taken away the papers.

3. In fact identical appeal arising out of same proceeding has

already been disposed of by this Court by an order dated 03.02.2026

bearing Criminal Appeal No.450 of 2021, thereby expediting the main

proceeding of Spl. Case (M.P.I.D.) No.4 of 2016.

4. In that view of the matter, we find that the appellants are not

diligent in prosecuting the appeal. As such, Appeal stands dismissed

for non-prosecution.

5. Pending Criminal Applications, if any, also stand dismissed

accordingly.

[ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.]

Narwade

Continue reading with your account

Checking your session…