JUDGMENT :

K. Babu, J.

The challenge in this Original Petition is to the order dated 19.12.2023 in Crl.M.P.No.3281/2023 in Crl.A.No.12/2023 on the file of the Sessions Court, Thodupuzha.

2. The petitioner is the wife of the appellant. The original appellant was the accused in S.T.No.1183 of 2016 on the file of the Judicial First Class Magistrate Court, Adimaly. He was convicted by the trial Court under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment till rising of the Court and pay a fine of Rs.10,00,000/-. The learned Magistrate also directed that if the fine amount is realised, it shall be paid to the complainant as compensation under Section 357 of the Code of Criminal Procedure.

3. The original appellant challenged the judgment of conviction and sentence before the Sessions Court, Thodupuzha. The original appellant died on 11.10.2023. His wife filed an application under the proviso to Section 394 of the Cr.P.C. seeking leave to continue the appeal. The Sessions Judge dismissed the petition holding that the appeal had abated with the death of the original appellant.

4. I have heard the learned counsel for the petitioner, the learned coun