1 901-APEAL 632-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.632 OF 2026 M/s. Jaychemie … Appellant Vs. Shital Gopal Panchal & Anr. … Respondents ----- Mr. Yashpal Maheshchandra Thakur for the Appellant. None for Respondent No.1. Mr. V. N. Sagare, APP for Respondent No.2-State. ----- CORAM : N.R. BORKAR, J. DATE : 31ST JULY 2026 P.C. : 1. This Appeal takes exception to the order dated 25th July 2018 passed by the Metropolitan Magistrate, Ballard Pier, Mumbai in C. C. No.2587/SS/2017. 2. The Appellant herein had filed the complaint case against Respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. By the order impugned, the Learned Metropolitan Magistrate has dismissed the complaint for want of prosecution and acquitted Respondent No.1. 4. I have heard Learned Counsel for the Appellant. None appears for Respondent No.1. Mugdha 1 of 2 MUGDHA MANOJ PARANJAPE Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2026.07.31 15:07:23 +0530 2 901-APEAL 632-26.doc 5. Learned Counsel for the Appellant submits that the Appellant- original complainant and his advocate were present on each and every date before the trial court, except the date on which the complaint came to be dismissed. It is submitted that the Learned Metropolitan Magistrate has dismissed the complaint despite the report in respect of the summons issued to Respondent No.1 was awaited. In support of the said submission, Learned Counsel for the Appellant has drawn my attention to the Roznama of the trial court. 6. I have perused the impugned order. It’s a rubber stamp order. Though the Roznama shows that the Appellant-original complainant and his advocate were present on each and every date except the date on which the Learned Metropolitan Magistrate has dismissed the complaint, still the order impugned records that the complainant and his advocate were absent since long. The order impugned therefore cannot be allowed to stand. In the result, the following order is passed:- ORDER i. The Criminal Appeal is allowed. ii. The order impugned is set aside. iii. C.C. No.2587/SS/2017 is restored on the file of the trial court for deciding it in accordance with the law. 7. The Criminal Appeal is disposed of in the aforesaid terms. (N.R. BORKAR, J.) Mugdha 2 of 2