918-APEAL-103-2015 -AW- APPP-751.13 (CR).DOCX lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 103 OF 2015 Mahavir Babaso Patil : Appellant VERSUS Shankar Shahurao Rathod And Anr : Respondents WITH CRIMINAL APPLICATION IN APPLICATION NO. 751 OF 2013 IN CRIMINAL APPLICATION NO. 1601 OF 2012 Mahavir Babaso Patil : Applicant VERSUS Shankar Shahurao Rathod And Anr : Respondents __________________________________________________________ Mr. Ajit Khawanekar a/w Mr. Giridhar S. Koli for the Appellant/Applicant. Mr. Shardul Diwan i/by Mr. Rahul Kadam for Respondent No.1. Mr. S. H. Yadav, APP for Respondent No.2 – State. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATED : 21 AUGUST 2026 PC:- 1. Heard Mr. Ajit Khawanekar for the Appellant and Mr. Shardul Diwan for the Respondent No.1. 2. By the present Appeal, the Appellant has sought for the following substantive relief :- 1 LAXMIKANT GOPAL CHANDAN Digitally signed by LAXMIKANT GOPAL CHANDAN Date: 2026.08.24 18:50:29 +0530 918-APEAL-103-2015 -AW- APPP-751.13 (CR).DOCX “(d) That this Hon’ble Court be pleased to quash and set aside the said impugned judgment and order dated 30/10/2012 passed in Summary Criminal Case No.540 of 2010 passed by the ld. J.M.F.C., Jaysingpur, District Kolhapur, and further allow the Summary Criminal Case No.540 of 2010 filed by the Applicant and convict the Respondent No.1 for the offence under Section 138 of Negotiable Instrument Act, 1881.” 3. Mr. Shardul Diwan, learned Advocate for Respondent No.1, has tendered a photostat copy of the death certificate dated 09 June 2025, the same is taken on record and marked with “X” for identification. He states that Respondent No.1 (Shankar Shahurao Rathod) has passed away on 13 December 2024. 4. In view of the statement made by Mr. Shardul Diwan, learned Advocate for Respondent No.1, Mr. Ajit Khawanekar, learned Advocate for the Appellant, submits that as Respondent NO.1 (Accused) has expired, these proceedings would abate. 5. In view of the above, Criminal Appeal No.103 of 2015 is dismissed as abated. 6. Interim Application No.751 of 2013 does not survive and the same is disposed of. (ASHWIN D. BHOBE, J.) 2