Court clarified procedures when an accused dies during an appeal involving a fine, allowing near relatives to continue the motion if desired.

O R D E R

This Revision Petition was filed by the accused under Section

397 r/w Section 401 of Code of Criminal Procedure , 1973, (for short 'Cr.P.C') from the concurrent finding of conviction and sentence against him for the offence under Section 138 of the Negotiable Instruments Act in S.T.No.3072/2013 of the Judicial First Class Magistrate Court I, Alappuzha and Crl.A No.72/2019 of Sessions Court, Alappuzha whereby he was convicted and sentenced to pay a fine of ₹1 lakh and in default of payment of fine to undergo simple imprisonment for a period of three months. It was further directed that the fine amount, if paid, shall be given to the complainant as compensation under Section 357(1)(b) Cr.P.C.

2. During the pendency of this Criminal Revision Petition, the revision petitioner/accused died. None of the near relatives of the revision petitioner have moved this Court to prosecute the revision petition.

3. There is no express provision in Cr.P.C. that deals with as to how to proceed when an accused, who is sentenced to pay fine, dies during the pendency of the Criminal Revision Petition.

4. In Pazhani v. State of Kerala ( 2017(1) KHC 173 ), while answering a question as to whether a criminal appeal from a sentence of fine would abate if no relative of the appellant comes forward and continue to prosecute the appeal, the Full Bench of this Court held as follows:

"20. .......... we are of the view that in an appeal from a sentence of fine, the near relatives of the appellant would be entitled to come on record and continue to prosecute the appeal. No time limit is fixed for filing an application by the near relatives to come on record. Since the proviso to sub- section (2) of S.394 provides for a period of thirty days for filing an application for leave to continue the appeal, the period for filing an application to come on record in an appeal from a sentence of fine can also be taken as thirty days. Within the period of thirty days if the near relatives do not file an application to come on record, the Court shall consign the appeal to record room. If the near relatives wish to come on record, they would be entitled to file an application to revive the appeal, in which case, the Court would be justified in hearing the appeal on the merits, provided the application is filed without undue delay. If nobody comes forward, nothing prevents the State from recovering the fine. Consigning the Appeal to the record room is only for the purpose of enabling the near relatives to approach the Court to redress their grievance. In the case of an appeal to which the proviso to sub-section (2) of S.394 applies, which include an appeal from a sentence of imprisonment and fine, an application for leave shall be filed within thirty days of the death of the appellant, if the near relatives want to challenge the sentence of imprisonment. If the near relatives do not wish to challenge the sentence of imprisonment, the application can be treated as an application filed in an appeal from a sentence of fine. We concur with the view taken in Raveendran v. State of Kerala , 2014 (4) KHC 157 : 2014 (4) KLT 382 : 2014 (2) KLD 828 : 2014 (4) KLJ 363 : ILR 2014 (4) Ker. 627 : 2015 CriLJ 1 and Pradeep v. State of Kerala , 2013 KHC 717 : 2013 (4) KLT SN 144 (case No. 135) : 2013 (4) KLJ 554. However, we do not approve the view taken in paragraph 12 of the judgment in Raveendran v. State of Kerala , : 2014 (4) KLT 382 : 2014 (2) KLD 828 : 2014 (4) KLJ 363 : ILR 2014 (4) Ker. 627 : 2015 CriLJ 1 that the appeal is liable to be dismissed as abated in case the near relatives do not come forward to challenge the sentence of fine. At the same time, we do not approve the view that the Appellate Court is bound to dispose of the appea