Bombay High Court

HARESH HASMUKH RAMBHIYAversusAFJAL HUSENKHAN PATHAN

Disposal: DISMISSED

Holding

The revision is dismissed as there is no error, illegality, or perversity in the impugned orders.

Summary

The applicant, Haresha Hasmukh Rambhiya, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Additional Chief Judicial Magistrate, Ahmednagar, and sentenced to six months simple imprisonment along with a compensation order of Rs.5 lakh. He appealed the conviction, but the Additional Sessions Judge dismissed the appeal and upheld the conviction. The applicant then filed a criminal revision application, but no counsel appeared on the hearing date. The High Court examined the records and found that both lower courts had reached consistent conclusions without any illegality, perversity, or error. Consequently, the Court held that the revision lacked merit and dismissed the application.

Issues considered

What, if any, error, illegality or perversity exists in the order confirming the conviction under Section 138 of the Negotiable Instruments Act?
Whether the criminal revision application is maintainable in the absence of any substantive ground for interference.

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

criminal revision
Section 138
Negotiable Instruments Act
conviction
simple imprisonment
compensation
appeal dismissed

Judgment

2026:BHC-AUG:37772


                                                 *1*                    906rev218o25


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 218 OF 2025
                              HARESH HASMUKH RAMBHIYA
                                        VERSUS
                               AFJAL HUSENKHAN PATHAN
                                          ...
                None for the Applicant.
                                          ...


                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 20 August 2026


                P. C. :-

                1.           Vide order dated 13.08.2026, this Court had already

                observed that if nobody appears, this Court would proceed with

                the matter in accordance with law.


                2.           Since nobody is appearing for the applicant today,

                the revision application is taken up for hearing.


                3.           The applicant is challenging the judgment and order

                dated 03.04.2025 passed by the learned Additional Sessions

                Judge, Ahmednagar, in Criminal Appeal No.268/2022 thereby,

                dismissing the said appeal and confirming the judgment and

                order of conviction dated 13.12.2022 passed by the learned
                                       *2*                     906rev218o25


      Additional Chief Judicial Magistrate, Ahmednagar, in SCC

      No.2885/2019 thereby, convicting the applicant for the offence

      punishable under Section 138 of the Negotiable Instruments Act,

      1881 and sentencing to suffer Simple Imprisonment for six

      months and pay compensation of Rs.5 lacs to the complainant

      and in default, to suffer simple imprisonment for six months.


      4.          I have gone through the available record as well as

      the reasoning given by both the Courts below. Both the courts

      below have given concurrent findings. There is no illegality and

      perversity in the impugned orders, warranting interference in this

      revision application. There is no error or mistake in the

      impugned orders. The revision is devoid of merit.


      5.          In view of the above, the Criminal Revision

      Application is dismissed.




kps                               ( SUSHIL M. GHODESWAR, J. )

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