Bombay High Court

BHARAT DAMJI SHAHversusJAYASHREE BHARAT SHAH AND ANR

Disposal: Disposed Off

Holding

The revision application is dismissed for default.

Summary

The applicant, Bharat Damji Shah, filed a criminal revision seeking to set aside a recovery warrant of Rs.48,000 issued by a Judicial Magistrate First Class. The revision challenged the magistrate's order on procedural or substantive grounds. When the matter was called, the applicant failed to appear before the Court. No counsel or representative was present to argue the case. Consequently, the Court dismissed the criminal revision application for default.

Issues considered

Whether a criminal revision application can be entertained when the applicant fails to appear before the Court?

Subjects

criminal revision
default judgment
recovery warrant
procedural law

Judgment

                                                                     21-REVN-277-17.doc


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

                     CRIMINAL REVISION APPLICATION NO. 277 OF 2017

        Bharat Damji Shah                                          … Applicant
              V/s.
        Jayashree Bharat Shah and Anr                              …Respondents
                                    ___________
        None for the applicant.
                                    ___________

                                    CORAM : RAJESH S. PATIL, J.
                                    DATE : 20 AUGUST 2026

        P. C. :


        1.        The present criminal revision application, filed by the applicant-

        husband of respondent no. 1, seeks to challenge the order passed by the

        Judicial Magistrate First Class issuing a recovery warrant of Rs.48,000/-.


        2.        None appears for the applicant-husband, when the matter is called

        out.


        3.        Hence, the Criminal Revision Application is dismissed for default.



                                                           [RAJESH S. PATIL, J.]




Rushi
                                             1 of 1

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