Disposed¶20

Ankit S/O Subhashchandra Khatri v. Avenash Prabhu Khambete

Bombay HC15 Jul 2025APPA/230/2025

Case brief

AI extract

What is this about?

Leave to prefer appeal; Section 138 Negotiable Instruments Act; complaint dismissed in default; dismissal for non-prosecution; acquittal of accused; no notice of transfer of complaint; SCC No.21262/2021; 10th Joint Civil Judge Senior Division and ACJM Nagpur; Criminal Appeal Stamp No.1811 of 2025; Nagpur Bench; Urmila Joshi-Phalke, J.

What did the court decide?

Leave granted to the applicant to prefer an appeal; appeal to be numbered; record and proceedings called for; respondent's counsel waives notice; appeal to be listed for final disposal on receipt of the record and proceedings. ¶20

Ankit S/O Subhashchandra Khatri Vs Avenash Prabhu Khambete — Cheque Dishonour | Bombay HC (2025)

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(1) 10.appa.230.2025

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2025:BHC-NAG:7071

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APPA) NO.230 OF 2025 IN

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CRIMINAL APPEAL STAMP NO.1811 OF 2025

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Ankit s/o Subashchandra Khatri

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Vs.

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Avenash Prabhu Khambete

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. S. S. Sitani, Counsel for the applicant.

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Mr. D. D. Vaidya, Counsel for the non-applicant.

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CORAM : URMILA JOSHI-PHALKE, J. DATED : 15/07/2025

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By preferring this application, the applicant is seeking leave to prefer an appeal.

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It is submitted by the learned Counsel for the applicant that the applicant has filed a complaint under Section 138 of the Negotiable Instruments Act bearing SCC No.21262/2021, and initially, it was pending before the 11^th Joint Civil Judge Senior Division and Additional Chief Judicial Magistrate, Nagpur. Subsequently, it was transferred to the 10^th Joint Civil Judge Senior Division and Additional Chief Judicial Magistrate, Nagpur. As the complainant was absent and therefore, the complaint is dismissed in default for non-prosecution and accused is acquitted for the offence punishable under Section 138 of the N.I. Act. He submitted that before dismissal of the complaint, the complainant was not aware about the

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(2) 10.appa.230.2025

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transfer of the complaint and he remained absent. No notice was issued to him. Thus, the order passed by the 10^th Joint Civil Judge Senior Division and Additional Chief Judicial Magistrate, Nagpur is wrong and illegal, which resulted into the acquittal of the accused.

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Learned Counsel for the respondent strongly opposed for the same and submitted that after sufficient opportunity, the complainant remained absent and therefore, the said order came to be passed. Considering the grounds raised in the application, at this stage, the complainant has made out a case for grant of leave.

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