IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3866 of 2006()
1. VASANTHI, W/O. PUZHKAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. RAVEENDRAN (DEAD), S/O. VELAYUDHAN,
For Petitioner :SRI.SHEEJO CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/03/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 3866 OF 2006
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Dated this the 23rd day of March, 2007
ORDER
The petitioner is the complainant in a prosecution under
Sec.138 of the Negotiable Instruments Act. The accused in
the case was found guilty, convicted and sentenced. The
same was challenged and the verdict of guilty and conviction
were upheld by this Court in revision. The matter was sent
back to the learned Magistrate for imposition of an
appropriate sentence or to report composition, if any. At that
stage, the accused expired. Though there is a conviction, it is
not followed by any sentence imposed. The charge abated and
the proceedings came to a grinding halt.
2. During the pendency of the proceedings, an amount
of Rs.15,000/- had been deposited before the learned
Magistrate by the accused. After the charge abated, the
complainant – the petitioner herein applied for release of the
CRL.M.C.NO. 3866 OF 2006 -: 2 :-
said amount. The learned Magistrate rightly took note of the
fact that there is no sentence and in these circumstances, the
amount deposited cannot legally be released to the complainant.
The complainant has come to this Court with this Crl.M.C. to
challenge the said order of the learned Magistrate.
3. After discussions at the Bar, the petitioner/complainant
was directed to explain why the legal heirs of the deceased
accused have not been arrayed as a party. It is at this stage that
the wife of the deceased has come before this Court with
Crl.M.A.No.1305/07 to get herself impleaded as a party. The
said petition is allowed and the said petitioner is impleaded as
additional respondent No.3.
4. The additional respondent No.3 submits that she has no
objection in the amount being released to the complainant. I am
of opinion that in these circumstances the want of objections on
the part of the widow of the deceased can be taken due note of
and the amount in deposit can be directed to be released to the
complainant in the peculiar facts and circumstances of this case.
I am satisfied that such a direction shall eminently serve the
interests of justice.
5. In the result, this Crl.M.C. is allowed. The learned
CRL.M.C.NO. 3866 OF 2006 -: 3 :-
Magistrate shall release the amount of Rs.15,000/- which is
available in deposit (as deposited by the accused. In the case
who has been found guilty and convicted and which verdict of
guilty and conviction have already become final) to the
complainant i.e., the petitioner herein.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge