IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1830 of 2005()
1. K.SUDHAKARAN, DOOR NO.V/128,
... Petitioner
Vs
1. M.A.JAYAKUMARI,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :SRI.P.RAMAKRISHNAN
The Hon'ble MR. Justice V.K.MOHANAN
Dated :12/11/2010
O R D E R
V.K.MOHANAN, J.
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Crl. R.P.No.1830 of 2005
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Dated this the 12th day of November, 2010.
O R D E R
By filing a memo dated 19.9.2010, the counsel for the
revision petitioner brought to the notice of this court that the
revision petitioner expired on 13.10.2009 and further requested
to pass appropriate order in the above matter.
2. The revision petition was filed challenging the conviction
and sentence imposed against the revision petitioner, who is an
accused u/s.138 of Negotiable Instruments Act. Both the courts
below found the revision petitioner guilty u/s.138 of NI Act and
finally imposed a sentence of imprisonment till the rising of the
court and also sentenced him to pay a fine of Rs.42,000/- and in
default directed him to undergo simple imprisonment for 1 month.
It is also ordered that on realisation of the fine amount, a sum of
Rs.40,000/- shall be paid to the complainant by way of
compensation u/s.357(1)(b) of Cr.P.C.
3. Section 394 of Cr.P.C. mandate that, “Every appeal
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Crl. R.P.No.1830 of 2005
under section 377 or section 378 shall finally abate on the
death of the accused”. This Court in the decision reported in
Viswanathan Vs. State of Kerala (2006(3) KLT 539) has held
that, “Even after the death of the revision petitioner/
accused, the revision would survive and Court can pass
appropriate orders with regard to sentence of fine.” In the
light of the above decision and by virtue of S.394 of Cr.P.C. and
on the basis of the submission made by the learned counsel,
which is supported by the ‘not pressed memo’, this revision
petition is dismissed confirming the conviction and sentence
imposed by the court below. It is made clear that as directed by
the court below, if the fine amount of Rs.42,000/- is realised, a
sum of Rs.40,000/- shall be released in favour of the
complainant. The courts below is free to take steps to recover
the fine amount by proceedings against the estate of the
deceased accused.
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Crl. R.P.No.1830 of 2005
This revision petition is dismissed as abated subject to the
above observations and directions.
V.K.MOHANAN,
Judge.
ami/