A criminal revision petition regarding a conviction under Section 138 NI Act was dismissed as abated due to the petitioner's death. The court granted six months to the legal heirs to remit the awarded compensation.
Revision petition dismissed as abated; six months time granted to legal heirs to remit compensation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931
Crl.Rev.Pet.No.1822 of 2006
--------------------------------CRL.A. 301/2005 OF ADDL.DISTRICT & SESSIONS COURT
(ADHOC II), THODUPUZHA.
CC.617/05 OF JUDICIAL MAGISTRATE OF FIRST CLASS, THODUPUZHA.
REVN. PETITIONER/APPELLANT/ACCUSED:
NARAYANAN NAMBIAR,
S/O. K.P.KELU NAMBIAR, R/AT KATTOOR HOUSE, PANATHOOR P.O., HOSDURG TALUK,
KASARAGOD DISTRICT.
BY MR.KODOTH SREEDHARAN, ADVOCATE.
RESPONDENTS/RESPONDENTS/COMPLAINANT:
BY MR.K.J.KURIACHAN, ADVOCATE, FOR R1. BY MR.JAYAKRISHNAN, PUBLIC PROSECUTOR.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S.GOPINATHAN,J.
========================== Crl.R.P.No.1822 of 2006
========================== Dated this the 17th day of December, 2009
ORDER
Judicial Magistrate of First Class, Thodupuzha, in
C.C.No.617/2005 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for one month and to pay Rs.3,50,000/- (Rupees three lakh fifty thousand only) as compensation to the first respondent who was the complainant before the trial court. In Crl.Appeal No.301/2005, by judgment dated 12.8.2006, the Addl. Sessions Judge (ADHOC)-II, Thodupuzha, while confirming the conviction and sentence, dismissed the appeal.
Learned counsel for the revision petitioner submitted that the revision petitioner is no more and he is not taking any steps to implead the legal heirs. Learned counsel sought for time for payment of the compensation. The submission made by the learned counsel for the revision petitioner is recorded and the revision petition is dismissed as abated. The legal heirs of the
Crl.R.P.No.1822/2006
2
revision petitioner, though not on record, are granted six months time to remit the compensation.
P.S.GOPINATHAN, JUDGE.
dvs
2 issues framed by the court
Whether the criminal revision petition filed on behalf of the accused who is deceased should be dismissed or allowed time for legal heirs to proceed.
Whether to grant time to the legal heirs for remitting the compensation awarded to the complainant.
1 provisions across 1 enactments
Narayanan Nambiar
Biju Emmanuel
State of Kerala
P.S.Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
