Vakil Help Desk News: the Andhra Pradesh High Court has dismissed a bank's long-pending appeal against an acquittal in a cheque-dishonour case, holding that a complainant's appeal cannot be decided without serving notice on the accused — and that an appeal left unpursued can be thrown out for non-prosecution.
Vakil Help Desk News, Litigation & Courts. The Andhra Pradesh High Court has dismissed a bank's appeal against an acquittal in a cheque-bounce case under Section 138 of the Negotiable Instruments Act — not because the bank was wrong on the merits, but because it never served notice on the accused and, in effect, stopped pursuing the appeal for about 16 years.
What happened
A bank filed a complaint under Section 138 (dishonour of a cheque for want of funds). In September 2008, the trial court acquitted the accused under Section 256 of the Criminal Procedure Code — the provision that lets a Magistrate acquit when the complainant does not appear. The bank appealed to the High Court in 2009. But over the years it repeatedly failed to take the basic step of serving notice on the accused, and on several dates no one appeared for the bank. By 2025 its own counsel told the court he had no instructions and no contact with the bank. The appeal had been pending for roughly 16 years.
What the Court held, in plain words
- No decision on merits without notice. In a case started by a private complaint (as a Section 138 case is), the appeal can be heard on its merits only after the other side has been duly served and given a chance to be heard. The court cannot simply decide it one way or the other in the accused's absence.
- Private complaints differ from State prosecutions. In a State prosecution, an appeal can be decided even if the accused's side is absent, because the State is always represented by its prosecutor. A private complainant has no such stand-in — so the complainant must actually pursue the appeal and bring the accused before the court.
- An unpursued appeal can be dismissed for non-prosecution. Just as a Magistrate can acquit under Section 256 when a complainant stays away, an appellate court can use its inherent powers to dismiss a complainant's appeal that is simply not being pursued — and letting such appeals sit indefinitely only adds to the backlog of old cases.
The High Court therefore dismissed the appeal for non-prosecution, leaving the 2008 acquittal in place.
Case reference
National Cooperative Bank Ltd. v. S. Mary Joyice & Another, Andhra Pradesh High Court, Justice Alapati Giridhar. Reported as 2026 LiveLaw (AP) 276.
What this means for you
If you are the complainant in a cheque-bounce matter, winning is not enough — you must keep the case alive: stay in touch with your lawyer, serve notice on the other side, and appear on every date. An appeal you file but do not actively pursue can be dismissed for non-prosecution, whatever its merits. We advise on cheque-bounce (Section 138) complaints, appeals, and keeping a criminal case properly on track.