High Court confined the revision petition to the record room because the accused sentenced to fine and short imprisonment died, and no near relatives came on record to prosecute it, applying precedent.
Revision petition confined to the record room.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945
CRL.REV.PET NO. 1088 OF 2011
AGAINST THE JUDGMENT IN CRA 671/2007 OF I ADDITIONAL DISTRICT
COURT, THIRUVANANTHAPURAM
ST 544/1998 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
THIRUVANANTHAPURAM
REVISION PETITIONERS/APPELLANTS/ACCUSED:
BY ADV SRI.V.PHILIP MATHEW
RESPONDENT/RESPONDENTS/COMPLAINANT & STATE:
BY PUBLIC PROSECUTOR SMT.PUSHPALATHA M.K
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 1088 OF 2011
2
ORDER
The revision petition is filed assailing the judgments in Crl.A No.671/2007 and S.T No.544/1998 passed by the Court of the Additional Sessions Judge -I, Thiruvananthapuram (Appellate Court) and the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram (Trial Court), respectively, holding the revision petitioners guilty, and convicting them for an offence under Section 138 of the Negotiable Instruments Act, 1881 (in short 'N.I.Act') and sentencing the second revision petitioner-Managing Director of the first revision petitioner company to simple imprisonment for one day ( till the rising of the court) and to pay a fine of Rs.1/- lakh and in default to undergo simple imprisonment for a further period of ten days.
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CRL.REV.PET NO. 1088 OF 2011
341(FB)], a Full Bench of this Court has categorically
CRL.REV.PET NO. 1088 OF 2011
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declared that, if pending an appeal/revision petition, the appellant/ revision petitioner/accused dies and there is a sentence of fine imposed on the accused, then the near relatives of the deceased accused have a right to come on record and prosecute the appeal/revision petition. If no such application is filed, then the appeal/revision petition has to be confined to the record room
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CRL.REV.PET NO. 1088 OF 2011
( till the rising of the court) and to pay a fine of Rs.1/lakh and in default to undergo simple imprisonment for a period of ten days.
Resultantly, the revision petition is confined to the record room.
Sd/-C.S.DIAS
ma/16/10/2023
JUDGE
1 issue framed by the court
Whether a criminal revision pending the death of the accused should be remanded to the record room in the absence of near relatives prosecuting it
Colour shows how this judgement treated each authority
Pazhani v. State of KeralaExplained¶28
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M/S. Malayil Resorts and Hotel India Pvt. Ltd. and T.G. Alexander
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C.S. Dias
As recorded by the court registry
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