Bombay High Court

MAHAVIR BABASO PATILversusSHANKAR SHAHURAO RATHOD AND ANR

Disposal: Disposed Off

Holding

Criminal proceedings abate upon the death of the accused, leading to dismissal of the appeal as abated.

Summary

Mahavir Babaso Patil appealed against a summary judgment convicting Shankar Shahurao Rathod under Section 138 of the Negotiable Instruments Act, 1881, seeking to have the judgment quashed and the conviction affirmed. The respondent submitted a death certificate showing that Rathod had died on 13 December 2024. The appellant argued that the death of the accused should not affect the proceedings. The Court examined the effect of the accused's death on pending criminal proceedings. Finding that the death of an accused abates the criminal action, the Court dismissed the appeal as abated and also disposed of the related interim application.

Issues considered

Whether criminal proceedings under Section 138 of the Negotiable Instruments Act can continue after the death of the accused.

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 138 NI Act
death of accused
abated proceedings
criminal appeal
summary trial
quash judgment

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
CHANDAN Date: 918-APEAL-103-2015 -AW- APPP-751.13 (CR).DOCX
2026.08.24
18:50:29 +0530

lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 103 OF 2015

Mahavir Babaso Patil : Appellant
VERSUS
Shankar Shahurao Rathod And Anr : Respondents

WITH

CRIMINAL APPLICATION IN APPLICATION NO. 751 OF 2013
IN
CRIMINAL APPLICATION NO. 1601 OF 2012

Mahavir Babaso Patil : Applicant
VERSUS
Shankar Shahurao Rathod And Anr : Respondents
__________________________________________________________

Mr. Ajit Khawanekar a/w Mr. Giridhar S. Koli for the
Appellant/Applicant.
Mr. Shardul Diwan i/by Mr. Rahul Kadam for Respondent No.1.
Mr. S. H. Yadav, APP for Respondent No.2 – State.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 21 AUGUST 2026
PC:-

1. Heard Mr. Ajit Khawanekar for the Appellant and Mr.
Shardul Diwan for the Respondent No.1.

2. By the present Appeal, the Appellant has sought for the
following substantive relief :-

1
918-APEAL-103-2015 -AW- APPP-751.13 (CR).DOCX

“(d) That this Hon’ble Court be pleased to quash and
set aside the said impugned judgment and order dated
30/10/2012 passed in Summary Criminal Case No.540 of
2010 passed by the ld. J.M.F.C., Jaysingpur, District
Kolhapur, and further allow the Summary Criminal Case
No.540 of 2010 filed by the Applicant and convict the
Respondent No.1 for the offence under Section 138 of
Negotiable Instrument Act, 1881.”

3. Mr. Shardul Diwan, learned Advocate for Respondent No.1,
has tendered a photostat copy of the death certificate dated 09
June 2025, the same is taken on record and marked with “X” for
identification. He states that Respondent No.1 (Shankar Shahurao
Rathod) has passed away on 13 December 2024.

4. In view of the statement made by Mr. Shardul Diwan,
learned Advocate for Respondent No.1, Mr. Ajit Khawanekar,
learned Advocate for the Appellant, submits that as Respondent
NO.1 (Accused) has expired, these proceedings would abate.

5. In view of the above, Criminal Appeal No.103 of 2015 is
dismissed as abated.

6. Interim Application No.751 of 2013 does not survive and the
same is disposed of.

(ASHWIN D. BHOBE, J.)

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