T S VISWANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.T. No 1723 of 1990 on the file of the Judicial Magistrate of the First Class, Pala is the revision petitioner. He was convicted for offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 56,000/- in default of which to undergo simple imprisonment for another three months. On appeal Sessions Court reduced the sentence to simple imprisonment for three months and fine of Rs. 35,000/- in default of which to undergo simple imprisonment for three months more. Aggrieved by the said order accused preferred this revision petition under Sections 397 and 401 of the Code of Criminal Procedure.

(2.) Accused died during the pendency of this revision petition. Hence it is pointed out that the revision petition is abated and be dismissed as abated.

(3.) Sri K. Gopalakrishna Kurup, counsel appearing for the complainant submitted that since sentence of fine was also imposed appeal will not abate and inspite of the death of the accused this Court has got jurisdiction to decide as to whether imposition of fine was legal so that complainant could legally recover the same. In support of this contention counsel placed reliance on the decision of the Apex Court in State of Kerala v. Narayani Amma Kamala Devi ).