IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.Rev.Pet.No. 1116 of 2003() ------------------------------ CRA.504/1999 of SESSIONS COURT, KOZHIKODE CC.35/1997 of JUDL.MAGISTRATE OF FIRST CLASS , VADAKARA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------------------------------- K.GOPALAKRISHAN, S/O.NARAYANAN NAIR, PUNNASSERI HOUSE, P.W.D. CONTRACTOR, FRINGATH AMSOM DESOM, PAYYOLI. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT/RESPONDENT/COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. P.K.CHOYI, S/O.BAPPU, MADATHIL HOUSE, NADAKKUTHAZHE AMSOM, MEPPAYIL DESOM, VADAKARA 2. STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.R.KRISHNA RAJ R2 BY PUBLIC PROSECUTOR SMT.P.N.SUMANGALA. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= CRL.R.P. No. 1116 of 2003 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 27th day of May, 2011 O R D E R Revision petitioner is accused in C.C.No.35/1997 on the file of the Judicial Magistrate of the First Class, Vadakara and appellant in Crl.Appeal No.504/1999 on the file of the Addl. District and Sessions Court Fast Track (Adhoc-II), Kozhikode. He was convicted under section 138 of the Negotiable Instruments Act by the trial court and was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for three months. If fine amount is realized, Rs.95,000/- was ordered to be paid to the first respondent as compensation. On appeal, the lower appellate court confirmed his conviction and sentenced him to undergo simple imprisonment for three months Crl.R.P.1116/2003 2 and to pay a compensation of Rs.95,000/- to the first respondent. The accused has now come up in revision challenging his conviction and sentence. 2. When the revision petition came up for hearing today, the counsel for the revision petitioner submits that the revision petitioner died. Hence, the charge against the revision petitioner abates. The revision petition is accordingly dismissed. 3. The lower court shall take steps to realize the compensation amount ordered to be paid from the assets of the deceased in the hands of his legal heirs. P.Q.BARKATH ALI, JUDGE. mn. Crl.R.P.1116/2003 3 P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~ CRL.R.P. No. 1116 of 2001 =~=~=~=~=~=~=~=~=~=~=~=~=~=~ O R D E R 27-5-2011