Mrs. Umraobai Jivraj Shah @ Parekh. v. Shri Matadin M. Lath And ANR .

1 204) apeal248-01.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.248 OF 2001 Mrs. Umraobai Jivraj Shah @ Parekh through C.A. Arvind @ Arun Jivraj Parekh ..Appellant.

V/s.

Matadin M. Lath & Anr.

..Respondents.

None for the Appellant.

Mr.P.H.Gaikwad - Patil, APP for the Respondent-State. Coram : N.M.Jamdar, J.

Dated : 30 June, 2017 P.C.:- The appeal has been filed by the original complainant challenging the judgment and order dated 31 January 2001 passed by the Metropolitan Magistrate, Andheri, Mumbai acquitting the Respondent-accused of the offence punishable under section 138 of the Negotiable Instruments Act, 1881.

2.

None appears for the Appellant. The appeal was listed on 16 May 2017 when none appeared for the Appellant. On 16 June 2017 also none appeared. Thereafter, the appeal was notified on

2 204) apeal248-01.doc provisional board. Regular final hearing board is notified in advance. The appeal was called out on 28 June 2017 and was kept back. When the appeal is called out today, none appears for the Appellant. The cheque in question was issued in the year 1996, almost 20 years ago. There is a continuous absence of the Appellant, in spite of indulgence extended by this Court and notifying the matter on board in advance. The appeal is accordingly dismissed. (N.M.Jamdar, J.)