GOKULBHAI BHAGVANDAS MISTRYversusSTATE OF GUJARAT
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The revision application is disposed of as abated due to the death of the applicant.
Summary
The petitioner, Gokulbhai Bhagvandas Mistry, filed a criminal revision against his conviction under the Negotiable Instruments Act. During the hearing, it was established that the petitioner had died on 22 February 2020, and a death certificate was placed on record. The Court held that the revision application could not proceed and was therefore abated, as the offence is deemed closed upon the death of the accused. The Court also noted that, per an earlier order dated 10 May 2017, the petitioner had deposited 40% of the cheque amount, which remains with the Court Registry. No respondent appeared despite notice, and the deposited amount was left open for the parties to initiate appropriate legal proceedings.
Issues considered
- Whether a criminal revision application can continue after the death of the applicant.
- What is the status of the amount deposited by the applicant pending further proceedings.
Legislation cited
Subjects
Judgment
R/CR.RA/455/2017 ORDER DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 455 of 2017
==========================================================
GOKULBHAI BHAGVANDAS MISTRY
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
RULE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/03/2026
ORAL ORDER
1. Heard Mr. Zubin Bharda, learned advocate for the
applicant.
2. Learned advocate for the applicant submits that the
applicant has passed away on 22.02.2020 and, in this regard,
the death certificate has already been placed on record.
3. In view of the above, the present Revision Application
stands disposed of as abated. The question of proceeding further
with the matter does not arise as the offence stands closed with
the death of the applicant.
4. So far as the issue raised by the learned advocate for the
applicant regarding the amount deposited is concerned,
pursuant to the order dated 10th May, 2017, 40% of the cheque
amount has been deposited by the applicant and the same has
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R/CR.RA/455/2017 ORDER DATED: 12/03/2026
been lying with the Registry of this Court since then. Though
notice was issued to the respondent–original complainant, none
has remained present before this Court.
5. In view of the above, so far as the amount deposited by the
applicant is concerned, it is kept open for the parties to initiate
appropriate proceedings in accordance with law.
(HASMUKH D. SUTHAR,J)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 12/03/2026 17:47:43
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