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Bombay High Court

MANGAL ARVIND LINGRASversusJINPAL PARISA CHOUGULE AND ANR

Disposal
Disposed Off

Holding

The revision application is dismissed for default due to the absence of any representation for the applicant.

Summary

The applicant, Mangal Arvind Lingras, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for issuing a cheque of Rs.1,75,000, of which only Rs.25,000 was deposited before the Sessions Court, Kolhapur. Both the Trial Court and the Sessions Court ruled in favour of the complainant, leading the applicant to file a criminal revision seeking relief. No counsel appeared on behalf of the applicant, and it was submitted that the applicant may have died. The Court noted the absence of any representation for the applicant and dismissed the revision application for default. Consequently, the conviction and sentence of the applicant stand affirmed.

Issues considered

  • What is the appropriate procedural outcome when a revision application is filed without any representation for the applicant?

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • cheque bounce
  • revision
  • default
  • criminal procedure

Judgment

                                                                              1-300-15-revn.doc


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

                                       CR. REVISION APPLN. NO. 300 OF 2015

                     Mangal Arvind Lingras                            ....Applicant
                           Vs.
                     Jinpal Parisa Chougule & Anr.                    ....Respondents


                     None for the Applicant.
                     Mr. Sandeep Koregave, advocate for Respondent No. 1
                     Mr. Avinash A. Naik, APP for the State

                                              CORAM : RAJESH S. PATIL, J.

                                              DATE    : 27 AUGUST 2026

                     P. C. :

                     1.        Learned counsel Mr. Koregave submits that he has no

                     instructions in the present proceedings and to the best of his

                     knowledge, the Applicant has died.
IRESH
MASHAL
                     2.        The present Applicant is the accused in a complaint under
Digitally
signed by
IRESH
MASHAL
Date:
2026.08.28
                     Section 138 of The Negotiable Instruments Act, 1881. The cheque
09:52:35
+0530




                     amount is of some of Rs.1,75,000/-. The only amount of Rs.25,000/-

                     was deposited by the Applicant before the Sessions Court, Kolhapur.

                     3.        The Trial Court and the Sessions Court are in favour of the

                     complainant. Hence, the present Revision Application has been filed

                     by the Applicant-Accused.


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             Iresh
                                                         1-300-15-revn.doc


4.    None appears for the Applicant. Hence, Revision Application

stands dismissed for default.



                                         [RAJESH S. PATIL, J.]




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