Bombay High Court
POPAT BALKRISHNA PATILversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The interim application is allowed, and the criminal revision application is directed to be listed for final disposal on 22 October 2026.
Summary
The applicant, a retired complainant in a Section 138 Negotiable Instruments case, sought an early hearing of his criminal revision application filed in 2015. The revision sought to challenge a conviction confirmed in 2015, for which bail was granted on the condition of depositing Rs.4,00,000, an amount the applicant claims to have withdrawn. The applicant argued that he has no pension and needs to service a loan taken for his daughter's marriage, justifying an expedited hearing. The court noted that the notice of listing had been communicated via WhatsApp and that the revision applicant did not appear. Considering the applicant’s financial hardship and the long pendency of the revision, the court allowed the interim application and ordered the revision to be listed for final disposal on 22 October 2026. The court also directed that notice of the next date be served in writing to the applicant’s counsel.
Issues considered
- The court needed to determine whether the interim application for an early hearing should be granted given the applicant’s financial circumstances and the pendency of the revision.
- The court considered whether procedural compliance (notice via WhatsApp) was sufficient for listing the matter.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Criminal Revision
- Section 138 NI Act
- Bail Conditions
- Early Hearing
- Interim Application
Judgment
Digitally
signed by
VINA
VINA ARVIND 2.cri.ia.3372.2026.doc
ARVIND KHADPE
KHADPE Date:
2026.10.08
19:31:24
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 3372 OF 2026
In
CRIMINAL REVISION APPLICATION NO.101 OF 2015
Popat Balkrishna Patil … Applicant
In the matter between:
Mr. Vijay Shamrao Bhoi … Applicant
Versus
Mr. Popat Balkrishna Patil and anr. … Respondents
Mr. Abhishek Roy a/w Mr. Arjun Kadam for Applicant/original
Respondent No.1.
Ms. M. R. Tidke, APP for Respondent-State.
***
CORAM : M.M. SATHAYE, J.
DATE : 8 OCTOBER, 2026
P.C. :
1. Copy of main Revision Application is not placed before the
Court.
2. Heard learned Advocate for the Applicant/original Respondent.
He submits that notice of today’s listing was given to the Revision
Applicant on whatsApp on Saturday 03.10.2026. Statement is
accepted. None Appears for the Revision Applicant.
3. Application is filed for early hearing. The present Applicant is
the original complainant in proceedings arising out of Section 138 of
the Negotiable Instruments Act, 1881. The complaint has resulted in
the conviction of Revision Applicant in March 2012, which conviction
Vina Khadpe 1
2.cri.ia.3372.2026.doc
is confirmed in January, 2015. Bail was granted on condition that the
Revision Applicant deposits Rs.4,00,000/-. The said amount is stated
to have been withdrawn by the Applicant/complainant.
4. The Applicant has stated in the Application that presently he is
a retired person and there is no provision of pension. It is stated that
he has availed of loan to bear expenses of his daughter’s marriage for
which monthly installments are required to be paid. Hence request is
made for early hearing.
5. In view of averments and considering the pendency of the
Revision Application from 2015, the Interim Application is allowed
and disposed of by directing that Criminal Revision Application
No.101 of 2015 to be listed for ‘final disposal’ on 22.10.2026 after
urgent / circulated matters.
6. Notice of next date be given in writing to learned Advocate for
the Revision Applicant.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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