IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Crl.Rev.Pet.No. 426 of 2002 ----------------------------- CRA.130/2001 of III ADDL.SESSIONS COURT, ERNAKULAM CC.71/1998 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... REVN. PETITIONER: APPELLANT/ACCUSED ---------------------------------------------- K.M.MATHAI, KUNALIL PUTHENPURAYIL, KIZHUMURI P.O., RAMAMANGALAM(VIA). BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.ANIL KURIAN THOMAS SRI.SOBHAN GEORGE RESPONDENTS: RESPONDENTS/COMPLAINANTS ----------------------------------------------------- 1. M.M.ALIAS, MULLAPPILLIL, MULAMTHURUTHY, MULAMTHURUTHY P.O. 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SRI.O.V.ABRAHAM R2 BY GOVERNMENT PLEADER, SRI. C.M.KAMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER, J. ----------------------------------------------- Crl.R.P. No. 426 OF 2002 ----------------------------------------------- Dated this the 4th day of July, 2008 O R D E R This revision petition is at the instance of the accused in a prosecution under Section 138 of the Negotiable Instruments Act. The trial court found the petitioner guilty and he was accordingly convicted and sentenced to undergo Simple Imprisonment for 3 months and to pay Rs.50,000/- as compensation under Section 357(3) of the Cr.P.C. The above order of conviction and sentence was confirmed in appeal by the Sessions court. 2. When this Revision Petition came up for consideration, the learned counsel for the petitioner submits that petitioner is no more. She submits that petitioner passed away on 3rd July, 2007. 3. Therefore, in the above facts and circumstances, the substantive sentence of imprisonment passed against petitioner cannot be executed. But, it is made clear that the right of the complainant to recover the amount of compensation as provided under the Code shall remain in tact. The Revision Petition is closed in the above terms. A.K. BASHEER, JUDGE ttb Crl.R.P. No. 426 OF 2002 2 Crl.R.P. No. 426 OF 2002 3 Crl.R.P. No. 426 OF 2002 4