P R ANJANAPPA Vs. YUREJ AGENCIES PRIVATE LIMITED

JUDGEMENT

(1.) THIS revision petition was filed challenging the judgment of conviction and order of sentence dated 26-3-2001 passed by the learned XIV Addl. C. M. M. , Bangalore in C. C. No. 24949/1997 convicting the petitioner /accused for the offence under Section 138 of the Negotiable Instruments Act and sentencing him to undergo S. I. for six months and to pay a fine of Rs. 63,00,000/-with default sentence. It was ordered that the fine amount be recovered from the accused and out of the same, a sum of Rs. 57,50,000/-, be paid to the complainant as compensation under Section 357, Cr. P. C. Aggrieved by this order, the petitioner has approached the learned XIII Addl. Sessions judge, Bangalore in Cri. A. No. 15025/2001 who also affirmed the judgment of conviction and sentence and hence the present revision petition.

(2.) THIS revision petition was admitted on 22-3-2002, pending final disposal. In the mean while on 17-2-2003, the learned counsel for the petitioner filed a memo stating that the revisional petitioner P. R. Anjanappa expired on 1-2-2003 and as such, as per section 394, Cr. P. C. , the revision petition abates as the sentence imposed can no longer be executed. This memo was opposed by the learned counsel for the respondent-complainant inter alia contending that the provisions of Section 394, Cr. P. C. are not attracted to the revision filed under Section 397 r/w 401, Cr. P. C.

(3.) SINCE the learned counsel for the respondent contended that the question of abatement and its consequences is matter of general importance, the counsel for both the sides were heard in detail in this regard.