The High Court of Kerala dismissed the criminal revision petition filed by an accused in a cheque dishonour case after finding that he had expired in 2017, holding that the appeal against the fine did not abate.
Disallowed the revision petition; reserved liberty to the State to recover the fine from the petitioner's estate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
CRL.REV.PET NO. 1072 OF 2005
AGAINST THE ORDER/JUDGMENT CC 814/1999 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA CRA 237/2002 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA
REVISION PETITIONER/APPELLANT/ACCUSED :
K.S.JOHN, S/O.LATE SIMON,
KARIPLANIL HOUSE,
KARIKULAM P.O.,, RANNY.
BY ADVS.
SRI.A.ANILKUMAR
SMT.R.RANJANIE
RESPONDENTS/RESPONDENTS/COMPLAINANT :
1STATE OF KERALA
PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM.
2MULAMOOTTIL LEASING AND HIRE PURCHASE
PVT.LTD.,KOZHENCHERRY,
REP.BY THE MANAGING DIRECTOR, JACOB THOMAS,
MULAMOOTTIL HOUSE,KOZHENCHERRY IS REP. BY ITS
POWER OF ATTORNEY HOLDER, V.K.ABRAHAM,, MANAGER,
MULAMOOTTIL BANKERS, PATHANAMTHITTA.
BY SRI.NOUSHAD K.A., SR.PUBLIC PROSECUTOR
SRI.V.PHILIP MATHEW
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.REV.PET NO. 1072 OF 2005
2
BECHU KURIAN THOMAS, J
......…..................................
Crl.Rev.Pet.No.1072 of 2005
….................................. Dated this the 10th day of July, 2023
ORDER
Revision petition is preferred against the conviction and
sentence in C.C.No.814/1999 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta as confirmed in
Crl.Appeal No.237/2002 on the files of the Sessions Court, Pathanamthitta. The revision petitioner was convicted and sentenced to undergo simple imprisonment for six months for the offence under Section 138 of the Negotiable Instruments Act, 1881; and to pay a fine of Rs.36,800/-. In appeal, the sentence of imprisonment was modified to imprisonment for one month but sustained the fine and directed it to be paid compensation to the complainant.
CRL.REV.PET NO. 1072 OF 2005
3
sought time to get further instructions from his client.
CRL.REV.PET NO. 1072 OF 2005
4
the year 2017 and the death certificate was produced in November 2017 itself, the adjournment sought for is declined, especially in the light of the legal position pointed out by the learned Public Prosecutor.
recover the amount of fine as compensation under Section
357(2) of Cr.P..C.
sd/-
BECHU KURIAN THOMAS JUDGE
AMV/10/07/2023
2 issues framed by the court
Whether a criminal revision petition challenging conviction and sentence under Section 138 of the Negotiable Instruments Act abates on the death of the accused.
Whether the State can recover the fine imposed in a non-abated revision petition after the death of the accused.
Colour shows how this judgement treated each authority
Pazhani v. State of KeralaExplained¶3
Pazhani v. State of Kerala [2017 (1) KHC 173]
Raveendran and Another v. State of Kerala and OthersExplained¶3
Raveendran and Another v. State of Kerala and Others [2012 (3) KHC 594]
3 provisions across 2 enactments
K.S.John
State of Kerala
Mulamoottil Leasing and Hire Purchase Pvt.Ltd.
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court