S.489C IPC | Criminal Appeal Does Not Abate On Appellant's Death If Sentence Includes Fine: Kerala High Court - 2025-07-13

Kerala HC Upholds Conviction in Counterfeit Currency Case Posthumously, Rules Appeal Doesn't Abate Due to Fine

The Kerala High Court, in a recent judgment, has upheld the conviction of a man under Section 489C of the Indian Penal Code for possessing counterfeit currency notes, despite the appellant's death during the pendency of the appeal. The bench of Justice Sophy Thomas ruled that the appeal would not abate as the sentence included a fine, which could be recovered from the deceased's estate.

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Background of the Case

The case dates back to 2006, when the appellant, Viswanathan Achary , was accused of possessing counterfeit currency. The prosecution's case was that he, along with an absconding co-accused, had procured fake 100-rupee notes with the intent to use them as genuine.

Acting on a tip-off, the police searched Achary and found one fake 100-rupee note in his pocket. Based on information he provided, police recovered another 22 fake notes of the same denomination from the septic tank of his house.

In 2008, the I Additional Sessions Court in Kollam found Achary guilty of possessing counterfeit currency under Section 489 C of the IPC. He was sentenced to two years of rigorous imprisonment and a fine of Rs. 3,000. Achary subsequently filed a criminal appeal (CRL.A 618/2008) in the Kerala High Court challenging this conviction.

Court's Analysis and Findings

A significant development occurred during the appeal process: the appellant, Viswanathan Achary , passed away on December 25, 2015. This raised the legal question of whether the appeal should be abated (terminated).

Principle of Non-Abatement

The High Court addressed this preliminary issue by citing the precedent set in Ramesan (dead) through Lr. Girija A v. State of Kerala [2020 KHC 6059] . It was established that when a sentence includes a fine, the appeal does not automatically abate upon the death of the appellant. The Court noted:

"Since the sentence includes fine amount also, the appeal will not get abated... Learned counsel for the appellant was ready to argue the matter, though his party was dead."

This principle ensures that financial penalties imposed by a court can still be pursued against the deceased's estate, allowing the legal representatives to contest the conviction to clear the deceased's name and protect the estate from liability.

Merits of the Conviction

On the merits of the case, the High Court re-examined the evidence presented by the prosecution. The primary evidence was the testimony of the detecting officer (PW1), who detailed the search and seizure of the counterfeit notes. While the independent witnesses to the seizure had turned hostile, the Court found the officer's testimony credible and trustworthy.

The judgment emphasized:

"On going through the testimony of PW1, this Court also is of the view that there is nothing to disbelieve his testimony. Before court, he identified the accused, as well as the fake currency notes seized from his possession."

Furthermore, the expert report (Ext.P8) scientifically confirmed that the currency notes seized from the appellant were indeed counterfeit. Based on this corroborating evidence, the High Court concluded that the prosecution had successfully proven its case beyond a reasonable doubt.

Final Decision of the Court

The Kerala High Court dismissed the appeal, thereby upholding the conviction passed by the trial court.

Given the appellant's death, the court clarified that the substantive sentence of imprisonment could not be executed. However, regarding the fine of Rs. 3,000, it was noted that the appellant had already deposited this amount with the trial court while executing a bond to suspend his sentence.

The High Court directed the trial court to adjust this deposit against the fine amount, effectively concluding the matter. The final order stated:

"Since the appellant is no more, there is no question of execution of the substantive sentence. But regarding the fine amount of Rs.3,000/-, ...the deposit made by the appellant before the trial court at the time of suspending his sentence, can be adjusted towards the fine amount due from him."

The appeal was accordingly dismissed, bringing a posthumous closure to the long-pending case.