Case Note & Summary
The case involves a criminal revision application filed by Parmanand Aggarwal challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of cheque. The Metropolitan Magistrate, 33rd Court at Bellard Pier, Mumbai, had convicted the applicant and sentenced him to six months simple imprisonment and a fine of Rs. 49,750/-. The applicant filed the revision in the Bombay High Court. However, the applicant and his counsel repeatedly failed to appear on several hearing dates despite being granted adjournments. On 24th November 2010, the court had gone through the lower court judgments with the assistance of the applicant's counsel and heard her submissions. Subsequently, the matter was adjourned but the counsel did not appear on 1st December 2010 and 3rd December 2010. On 10th December 2010, the counsel again failed to appear. The court heard the respondent's counsel and dismissed the revision application for non-prosecution, noting that the applicant had lost interest in pursuing the matter.
Headnote
A) Criminal Procedure Code - Revision - Dismissal for Non-Prosecution - Section 401 CrPC - The High Court dismissed the revision application as the applicant and his counsel failed to appear despite several adjournments, and the court had already heard submissions on merits earlier. Held that the court can dismiss revision for non-prosecution when the applicant shows lack of interest. (Paras 1-3)
Issue of Consideration
Whether the revision application challenging conviction under Section 138 of the Negotiable Instruments Act should be entertained when the applicant repeatedly fails to appear.
Final Decision
The revision application is dismissed for non-prosecution.
Law Points
- Section 138 Negotiable Instruments Act
- 1881
- conviction upheld
- revision dismissed for non-prosecution
Case Details
2010 LawText (BOM) (12) 70
Criminal Revision Application No.146 of 2001
None for the Applicant, Mr. Ashok Wanwari for Respondent No.1, Mrs. M.R. Tidake-APP for State
Ashok Underlal, The State of Maharashtra
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Nature of Litigation
Criminal revision application against conviction under Section 138 of the Negotiable Instruments Act.
Remedy Sought
The applicant sought to challenge the judgment and order of conviction and sentence passed by the Metropolitan Magistrate.
Filing Reason
The applicant was convicted for dishonour of cheque and sentenced to six months SI and fine.
Previous Decisions
The Metropolitan Magistrate convicted the applicant under Section 138 NI Act and sentenced him to six months SI and fine of Rs.49,750/-.
Issues
Whether the revision application should be dismissed for non-prosecution when the applicant fails to appear despite multiple opportunities.
Submissions/Arguments
The applicant's counsel had made submissions on 24.11.2010 but thereafter failed to appear. The respondent's counsel argued for dismissal.
Ratio Decidendi
A revision application can be dismissed for non-prosecution when the applicant and his counsel repeatedly fail to appear, indicating lack of interest in pursuing the matter.
Judgment Excerpts
In spite of that, none appeared on behalf of the Applicant on 1st December, 2010.
I have heard the learned counsel appearing on behalf of the Respondent No.1 at length.
Procedural History
The Metropolitan Magistrate convicted the applicant. The applicant filed a revision application in the High Court. The matter was adjourned multiple times due to non-appearance of the applicant's counsel. Finally, on 13.12.2010, the court dismissed the revision for non-prosecution.
Acts & Sections
- Negotiable Instruments Act, 1881: 138
