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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU
Dhanya Sajith W/o Late Sajith S. Menon – Appellant
Versus
M.R. Binoy Mathew S/o Mathew – Respondent
JUDGMENT :
K. BABU, J.
1. 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 c
An appeal does not abate upon the death of an appellant when the sentence includes a fine, as established under Section 394 of the Cr.P.C.
An appeal does not abate upon the death of the appellant if it involves a sentence of fine, and sufficient explanation for delay in filing an application to continue the appeal can be accepted.
Appeals against sentences do not automatically abate upon the appellant's death if relatives do not contest the case, allowing appeals to be dismissed as abated.
The main legal point established is that under Section 394 of the Cr.P.C., an appeal abates if no application for continuance is made by a near relative within 30 days of the appellant's death.
The court considered the provisions of Section 394(2) of the Code of Criminal Procedure and the Full Bench judgment of the Court in Pazhani vs. State of Kerala, 2017 (1) KHC 173, to determine the aba....
The main legal point established in the judgment is that where the sentence is a composite one including fine along with imprisonment, the appeal would not abate under Section 394 of CrPC.
Legal heirs of a deceased convict in a criminal appeal may contest the conviction but are not liable for the sentence or fine imposed on the convict.
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