Appeals against dismissal of Section 138 NI Act complaints due to failure of the complainant to appear after filing evidence affidavit. Court restored cases, imposing Rs. 10,000 costs as pre-condition for hearing.
Orders impugned set aside; cases restored to file of Metropolitan Magistrate at dismissal stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
41-APEAL-903-2024 WITH 904-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.903 OF 2024 WITH
CRIMINAL APPEAL NO.904 OF 2024
Adamji Investment Pvt. Ltd. …. Appellant
V/s.
Union Quality Plastics Ltd. & Ors. …. Respondents
Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2025.11.07 10:09:49 +0530
Mr.Gaurav Chongrani (Present in Court) & Mr.Lokesh Zade, for the Appellant (Through V.C.) Mr.Sachin R. Agawane, for the Respondent Nos.1 to 3. Mr.Hitendra J. Dedhia, APP, for Respondent No.4-State.
CORAM : R.M. JOSHI, J.
DATE : 4th NOVEMBER 2025
P.C:-
. By consent both the appeals are heard finally at the
stage of admission, together and decided by this common order.
April 2023 passed in CC No.7001117/SS/2020 and 70011780/SS/201920 dismissing the complaints filed under
Section 138 of the Negotiable Instrument Act, for want of prosecution.
N.S. Kamble page 1 of 4
41-APEAL-903-2024 WITH 904-24.doc
on account of miscommunication between the counsel and the complainant, the proceedings before the Magistrate could not be attended, and ultimately resulted in its dismissal. It is his submission that in the interest of justice require that the order impugned be set aside even by imposing reasonable costs. The learned counsel for the Appellant, on instructions, makes statement that the Complainant would attend the said proceedings regularly on each date whenever his personal presences is required.
N.S. Kamble page 2 of 4
41-APEAL-903-2024 WITH 904-24.doc
Complainant. It is after filing of affidavit in the lieu of evidence, the Complainant has failed to cause his appearance before the Court which has resulted into dismissal of the said proceeding. Filing of the affidavit of the evidence indicates that Complainant was intending to proceed with the said complaint. This Court therefore has reason to believe that on account of miss communication between the counsel and the Complainant, the proceedings were not attended to. Having regard to the facts of the case and in the interest of justice it is a fit case wherein the orders impugned deserves to be set aside by imposing cost of Rs.10,000/- in each Appeal, payable to the Respondent-Accused. In the view of the above following order.
ORDER
No.7001117/SS/2020 and 70011780/SS/201920 stands restored to the file of the Metropolitan Magistrate No.70th at the stage of its dismissal.
N.S. Kamble page 3 of 4
41-APEAL-903-2024 WITH 904-24.doc
(iii) Parties are directed to cause appearance before the Magistrate on 16th December 2025. Magistrate is not required to issue any fresh notice to the parties. (iv) Learned Magistrate to ensure that the amount of the cost is paid to the accused or deposited before the said court on or before the date of appearance. Payment of the cost would be pre condition for restoration of the proceedings before the Magistrate. In case cost is not paid these Appeals shall stand dismissed without reference to the Court.
(v) In case cost is paid Magistrate to decide the cases in accordance with law.
N.S. Kamble page 4 of 4
2 issues framed by the court
Whether a complaint under Section 138 of the Negotiable Instruments Act dismissed for want of prosecution due to miscommunication should be restored.
Whether costs should be imposed on the appellant as a condition for restoration of proceedings.
1 provisions across 1 enactments
Adamji Investment Pvt. Ltd.
Union Quality Plastics Ltd.
Ors.
R.M. JOSHI
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
