Bombay High Court

GIRDHARI LAL GOENKA THROUGH POA HOLDER PERSON SUMIT KUMAR LADIAversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 25 August 2026
Disposal: Dismissed

Holding

The petition is dismissed as an abuse of the process of law.

Summary

The petitioner, Girdhari Lal Goenka, filed a criminal writ petition challenging the legality of an order dated 30 September 2013 that initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881. The petition was filed on 4 September 2023, more than ten years after the order, without any explanation for the delay. The court noted that identical challenges had been raised in four earlier writ petitions in 2018, all of which were dismissed by a single judge. The petitioner’s filing was therefore deemed an attempt to relitigate settled matters. The High Court held that the petition constituted an abuse of the legal process and dismissed it.

Issues considered

Whether the writ petition filed after a ten‑year delay can be entertained despite lack of justification for the delay
Whether the petitioner’s challenge to the Section 138 order is barred by the earlier dismissal of identical petitions

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

writ petition
abuse of process
Section 138
Negotiable Instruments Act
delay
dismissal

Judgment

                                                  10-WP-1187-2024.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.1187 OF 2024


Girdhari Lal Goenka                                 …Petitioner
through POA Holder Person Sumit Kumar Ladia
      Versus
The State of Maharashtra & Anr.                     …Respondents


Mr. Vikrant Pandey a/w. Mr. Eshaan Naik, for the Petitioner.
Mr. Nilkanth D. Gadge i/b. Mr. Narayan R. Awate, for Respondent
No.2.
Mr. Mayur Sonavane, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     25th AUGUST 2026
PC:-


1.       Heard Mr. Pandey, learned Counsel appearing for the

Petitioner and Mr. Sonavane, learned APP appearing for the

Respondent-State.



2.       By this Writ Petition, the challenge is to the legality and

validity of the order dated 30th September 2013, by which the

process has been issued under Section 138 of the Negotiable

Instruments Act, 1881. The said order is challenged by filing the

present Petition, which has been filed on 4 th September 2023. No




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                                                                         10-WP-1187-2024.DOC




                 explanation has been given in the Writ Petition for the delay of

                 about 10 years.



                 3.       Apart from that, the same order has been challenged in

                 earlier group of Writ Petitions bearing Writ Petition No.1649 of

                 2018, Writ Petition No.1651 of 2018, Writ Petition No.1653 of

                 2018 and Writ Petition No.1656 of 2018 raising the same

                 contention which is raised in this Writ Petition. All these Writ

                 Petition (one concerning the present complaint) have been

                 dismissed by a learned Single Judge by order dated 19th April

                 2018. Thus, the filing of this Writ Petition is abuse of the process

                 of law.



                 4.       Accordingly, the Writ Petition is dismissed.




                                                              [MADHAV J. JAMDAR, J.]

   SONALI
   MILIND
   PATIL
Digitally signed by
SONALI MILIND PATIL
Date: 2026.08.27
17:33:40 +0530




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