IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 427 of 2002()
1. K.M.MATHAI, KUNALIL PUTHENPURAYIL,
... Petitioner
Vs
1. M.M.ALIAS, MULLAPPILLIL,
... Respondent
2. STATE, REPRESENTED BY THE PUBLIC
For Petitioner :SRI.H.B.SHENOY
For Respondent :SRI.O.V.ABRAHAM
The Hon'ble MR. Justice A.K.BASHEER
Dated :04/07/2008
O R D E R
A.K. BASHEER, J.
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C.R.R.P. No. 427 OF 2002
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Dated this the 4th day of July, 2008
O R D E R
This revision petition is at the instance of the accused in a
prosecution under Section 138 of the Negotiable Instruments Act.
The trial court found the petitioner guilty and he was accordingly
convicted and sentenced to undergo Simple Imprisonment for 3
months and to pay Rs.50,000/- as compensation under Section
357(3) of the Cr.P.C. The above order of conviction and sentence
was confirmed in appeal by the Sessions court.
2. When this Revision Petition came up for consideration,
the learned counsel for the petitioner submits that petitioner is no
more. She submits that petitioner passed away on 3rd July, 2007.
3. Therefore, in the above facts and circumstances, the
substantive sentence of imprisonment passed against petitioner
cannot be executed. But, it is made clear that the right of the
complainant to recover the amount of compensation as provided
under the Code shall remain in tact.
The Revision Petition is closed in the above terms.
A.K. BASHEER, JUDGE
ttb
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