PRABHAKARAN T.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.T.No.48/2016 on the file of the Court of the Judicial First Class Magistrate-IV, Cherthala.

(2.) The trial court found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted him thereunder. The trial court sentenced the petitioner to imprisonment till the rising of the court and also to pay a fine of Rs.3,18,712/- and in default of payment of fine, to undergo simple imprisonment for a period of two months. The trial court also directed that, if the fine amount was realised, it shall be paid to the complainant as compensation.

(3.) The petitioner filed Crl.A.No.149/2019 before the Court of Session, Alappuzha challenging the order of conviction and sentence passed against him by the trial court. During the pendency of the appeal, the complainant died. His wife was permitted to continue the prosecution against the accused and she was impleaded as additional third respondent in the appeal.