S.S. Satheesachandran, J.—Concurrent verdict of guilty rendered against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, for short, the “N.I. Act” is challenged by him in the revision. The learned Magistrate, after trial, convicting him of the offence sentenced him to undergo simple imprisonment fr six months. In appeal, the Additional Sub-Judge Kottayam, confirmed the conviction and upheld the sentence without any modification. Questioning the legality, propriety and correctness of the conviction and sentence, concurrently held by both the Courts below, the revision has been filed.

2. When the revision was taken up for hearing, it was reported that the accused is no more and, his counsel requested for closing the proceedings as abated. The learned counsel appearing for the complainant, however, urged for disposal of revision on merits submitting that the death of the accused after the revision being admitted and taken on file by this Court, does not lead to abatement of the proceedings and the revision has to be disposed on its merits. It was also submitted by the counsel that at the time of admitting the revision suspension of the