IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.Rev.Pet.No. 3025 of 2005() ------------------------------ CRA.208/2004 of SESSIONS COURT, KOTTAYAM CC.244/2001 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... REVN. PETITIONER: APPELLANT/ACCUSED: ---------------------------------------------------------------------- E.N. RAGHAVAN NAIR, S/O. NARAYANA NAIR, SANTHI BHAVAN VEEDU, MONIPPALLY, KURAVILANGADU. BY ADV. SRI.JAMES KURIAN RESPONDENTS: COMPLAINANT: ----------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MATHEW ABRAHAM, MADAPPALLY VEEDU, MONIPPALLY. BY ADV. SRI.SERGI JOSEPH THOMAS FOR R2 PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.3025 of 2005 = = = = = = = = = = = = = = Dated this the 3rd day of September, 2008 ORDER The learned counsel for the petitioner submits that the revision petitioner/ accused in C.C.No.244 of 2001 on the file of the J.F.C.M, Pala, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881, is no more. Since the legal heirs of the petitioner have not come forward to prosecute the matter further, this revision is only to be dismissed confirming the conviction recorded and the sentence passed against the accused. I do so, but making it clear that the 2nd respondent/complainant will be at liberty to execute the compensation part of the impugned orders by resort to Section 431 read with 421 Cr.P.C as against the legal heirs of the deceased revision petitioner/ accused. Dated this the 3 rd day of September, 2008. V. RAMKUMAR, JUDGE sj