High Court of Gujarat

PATEL RAMESHCHANDRA KHEMCHANDversusSTATE OF GUJARAT

Disposal: 98-DISPOSED AS ABATED
Bench: HASMUKH D SUTHAR

Holding

The death of the petitioner extinguishes his right to pursue pending criminal revision applications, leading to their abatement.

Summary

The applicant, Patel Rameshchandra Khemchand, filed two criminal revision applications challenging his conviction under the Negotiable Instruments Act. While the applications were pending, the applicant died on 21 November 2023, and a death certificate was produced before the court. The learned counsel for the applicant submitted the death certificate, and the court recorded it on the record. The court examined whether the death of the applicant extinguished his right to pursue the pending revision applications. It held that the applicant’s death abated his locus standi, and consequently both revision applications were disposed of as having abated.

Issues considered

Does the death of a petitioner abate pending criminal revision applications?

Subjects

Criminal RevisionAbatementDeath of LitigantNegotiable Instruments ActLocus Standi

Judgment

       R/CR.RA/565/2016                                                              ORDER DATED: 17/03/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
        NEGOTIABLE INSTRUMENT ACT) NO. 565 of 2016

                               With
      R/CRIMINAL REVISION APPLICATION NO. 566 of 2016
==============================================
              PATEL RAMESHCHANDRA KHEMCHAND
                              Versus
                   STATE OF GUJARAT & ANR.
==============================================
Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR SAURABH M PATEL(5019) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==============================================

   CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 17/03/2026

                                        COMMON ORAL ORDER
          Learned Advocate for the applicant has tendered a copy of Death
Certificate of the applicant – Rameshchandra Khemchand Patel, who
was expired on 21.11.2023. The copy of Death Certificate of the
applicant is taken on record.
          In view of the demise of the applicant pending the present
revision applications, both the revision applications stand disposed of
as having abated.




                                                                             (HASMUKH D. SUTHAR,J)

ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 17/03/2026 16:09:19




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