VASANTHI PUZHKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the complainant in a prosecution under Sec.138 of the Negotiable Instruments Act. The accused in the case was found guilty, convicted and sentenced. The same was challenged and the verdict of guilty and conviction were upheld by this Court in revision. The matter was sent back to the learned Magistrate for imposition of an appropriate sentence or to report composition, if any. At that stage, the accused expired. Though there is a conviction, it is not followed by any sentence imposed. The charge abated and the proceedings came to a grinding halt.

(2.) During the pendency of the proceedings, an amount of Rs.15,000/- had been deposited before the learned Magistrate by the accused. After the charge abated, the complainant - the petitioner herein applied for release of the said amount. The learned Magistrate rightly took note of the fact that there is no sentence and in these circumstances, the amount deposited cannot legally be released to the complainant. The complainant has come to this Court with this Crl.M.C. to challenge the said order of the learned Magistrate.

(3.) After discussions at the Bar, the petitioner/complainant was directed to explain why the legal heirs of the deceased accused have not been arrayed as a party. It is at this stage that the wife of the deceased has come before this Court with Crl.M.A.No.1305/07 to get herself impleaded as a party. The said petition is allowed and the said petitioner is impleaded as additional respondent No.3.