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Bombay High Court

S. SRIKANTHversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dismissed

Holding

The court disposed of the revision petition, refusing further adjournment, but indicated that a restoration application may be entertained.

Summary

The applicant, S. Srikanth, sought revision of his conviction under Section 138 of the Negotiable Instruments Act, which had resulted in one month imprisonment and a compensation order of Rs. 3,58,500, affirmed by the appellate court. The revision petition had been pending for over nine years, and the applicant’s counsel claimed lack of a spare copy of the brief and sought further time. The court noted that the delay could not justify further adjournment and that the revision must be decided on merits, not dismissed for default. Consequently, the court disposed of the revision petition without granting an adjournment, while leaving open the possibility of restoration if an application is filed. All pending interim or criminal applications were also disposed of.

Issues considered

  • Whether a revision petition pending for more than nine years should be adjourned or disposed of.
  • Whether the applicant is entitled to restoration of the revision proceedings after disposal.

Legislation cited

Subjects

  • Section 138 NI Act
  • criminal revision
  • conviction
  • imprisonment
  • compensation
  • delay in proceedings
  • restoration of petition

Judgment

                                                                                  21. REVN 316 of 2017.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL REVISION APPLICATION NO. 316 OF 2017
                                               ALONGWITH
                                   CRIMINAL APPLICATION NO. 298 OF 2017

                       S. Srikanth                                      ...Applicant

                                  Vs.

                       The State of Maharashtra and Anr.             ...Respondents
                                                      *****
                       Ashok Kumar Dubey          Advocate for the Applicant
                       Mr. Hitendra J. Dedhia        APP for the Respondent-State

                                                       *****
                                            CORAM : S. M. MODAK, J.

                                            DATE     : 17th JANUARY 2026

                       P. C. :-

                       1.       Heard learned Advocate Shri Dubey for the Applicant-convicted

                       accused.

                       2.       The conviction is for an offence punishable under Section 138 of

                       the Negotiable Instrument Act. There is simple imprisonment of one

                       month and compensation of Rs. 3,58,500/- as per judgement dated

                       17th August 2013. This was confirmed by the Appellate Court as per

                       the judgement dated 4th May 2017. That is why the present revision.
          Digitally
          signed by
SEEMA     SEEMA
          KSHITIJ
KSHITIJ   YELKAR
          Date:
YELKAR    2026.01.20   Seema                                                                         1/2
          11:26:25
          +0530
                                                               21. REVN 316 of 2017.doc




3.      It is true that spare copy could not be given to the Office, that is

why, notice was not issued to the Respondent No. 2-Complainant.

Even today, learned Advocate seeks time because his brief is not

traceable in the office. It is true that this revision is listed after so long

time. It is also true that revision has to be decided on merits and it

cannot be disposed of for default. If this Court will go into the merits

without there being an assistance, then it will cause harm to the

Applicant.

4.      I do not find any reason to adjourn the revision, because it is

pending for more than nine years. I am disposing this revision. If there

is an application for restoration, it will be considered positively.

5.      With the above observations, the Writ Petition is disposed of.

6.      Pending interim/criminal application, if any, also stands disposed

of.




                                            (S. M. MODAK, J.)




Seema                                                                             2/2


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