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Bombay High Court

M/S. ATALSO GRINDWELL (INDIA) LTD.versusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The revision application is dismissed for non‑prosecution.

Summary

The applicants, M/s. Atalso Grindwell (India) Ltd. and another, filed a revision application in 2020 seeking to quash orders dated 3 January 2020 and 6 May 2016 that confirmed their conviction under Section 138 of the Negotiable Instruments Act. No counsel or party appeared before the High Court despite the filing of the revision. The court observed that the applicants had taken no steps to pursue the matter, indicating a lack of interest in the relief sought. Consequently, the revision application was dismissed for non‑prosecution. With the dismissal of the revision, the related interim application for stamp was also disposed of. The judgment thus upholds the earlier conviction and confirms procedural dismissal due to inactivity.

Issues considered

  • Whether a revision application can be entertained when the applicants fail to appear or prosecute the matter.

Legislation cited

Subjects

  • revision
  • Section 138 NI Act
  • non‑prosecution
  • criminal procedure
  • conviction

Judgment

NISHA              Digitally signed by
                   NISHA SANDEEP
SANDEEP            CHITNIS
                   Date: 2026.08.18
CHITNIS            12:39:47 +0530                               15-Ren.171.2020w.iast.19903.2021.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                               REVISION APPLICATION NO.171 OF 2020
                                              WITH
                           INTERIM APPLICATION (STAMP) NO.19903 OF 2021
                                               IN
                               REVISION APPLICATION NO.171 OF 2020

                  M/s. Atalso Grindwell (India) Ltd. and Anr.                   ...Applicants
                        Versus
                  State of Maharashtra and Anr.                                 ...Respondents

                  None for the Applicants.
                  Ms. Sangeeta D. Shinde, A.P.P for the Respondent No.1–State.

                                                   CORAM: ASHISH S. CHAVAN, J.
                                                  DATE : 17th AUGUST 2026
                  P.C. :

                  1.             By way of this Revision Application, the applicants seek to

                  quash and set aside the impugned order dated 3 rd January 2020, passed

                  by the learned Additional Sessions Judge, City Civil and Sessions

                  Court, Borivali Division, Dindoshi, Mumbai, as well as the impugned

                  order dated 6th May 2016 passed by the learned Metropolitan

                  Magistrate,            43rd   Court,     Borivali,    Mumbai,        in       C.C.

                  No.4300736/SS/2011,            inter   alia   concurrently,    confirming      the

                  conviction arising out of prosecution under Section 138 of the

                  Negotiable Instruments Act.

  N. S. Chitnis                                                                                  1/2
                                                         15-Ren.171.2020w.iast.19903.2021.doc


                2.          None appears for the Revision Applicants, when called.

                Although the Revision Application was filed in the year 2020, neither

                the Revision Applicants nor their counsel has taken any steps to

                circulate the matter or to seek any relief from this Court. Evidently, the

                applicants are not interested in pursuing the Revision Application.

                            In the circumstances, the Revision Application stands

                dismissed for non-prosecution.

                            In view of the dismissal of the Revision Application,

                nothing survives for consideration in Interim Application being Interim

                Application (Stamp) No.19903 of 2021. The same is also disposed of

                accordingly.



                                                           ASHISH S. CHAVAN, J.




N. S. Chitnis                                                                            2/2


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