Compensation liability survives death of accused in cheque dishonour revision, allowing recovery from the estate and substitution of heirs.

A criminal revisional proceeding concerning conviction under the Negotiable Instruments Act did not abate on the accused's death to the extent it involved compensation under Section 357(3) CrPC. The Court held that the monetary liability survived against the deceased's estate and could be examined in revision, distinguishing compensation from a sentence of imprisonment alone. It further held that compensation is recoverable as if it were a fine under Section 431 CrPC, enforceable through the machinery for recovery of fine, and that Section 70 IPC does not discharge the liability merely because the offender has died. Legal heirs were therefore properly substituted to answer the surviving compensation liability.

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Issues: (i) Whether the criminal revisional application abated on the death of the accused during pendency when the sentence included compensation. (ii) Whether the compensation awarded by the courts below was recoverable from the estate of the deceased and justified substitution of legal heirs.

Issue (i): Whether the criminal revisional application abated on the death of the accused during pendency when the sentence included compensation.

Analysis: The proceedings arose from a conviction under Sections 138 and 141 of the Negotiable Instruments Act, 1881, where the sentence affirmed in appeal included compensation payable under Section 357(3) of the Code of Criminal Procedure, 1973. The Court distinguished a sentence of compensation from a case involving only imprisonment, and relied on the settled principle that proceedings do not abate to the extent they concern monetary liability which survives against the estate of the deceased. It also referred to the statutory scheme under Section 394(2) of the Code of Criminal Procedure, 1973 and the case-law placed before it to hold that death of the accused did not extinguish the revisional challenge in relation to the compensation component.

Conclusion: The revision did not abate on the death of the accused so far as the compensation component was concerned.

Issue (ii): Whether the compensation awarded by the courts below was recoverable from the estate of the deceased and justified substitution of legal heirs.

Analysis: The Court held that compensation, though distinct from fine, can be recovered as if it were a fine under Section 431 of the Code of Criminal Procedure, 1973, and that fine is recoverable by attachment and sale of property under Section 421 of the Code of Criminal Procedure, 1973. It further invoked Section 70 of the Indian Penal Code, 1860 to hold that the death of the offender does not discharge the liability against property that devolves on legal heirs. On that basis, the legal representatives were held liable to face the proceeding to the extent necessary to answer the monetary liability and avoid prejudice in future recovery.

Conclusion: The compensation was recoverable from the estate of the deceased, and substitution of the legal heirs was warranted.

Final Conclusion: The revisional proceeding was maintained against the deceased accused to the extent of the compensation liability, and substitution of his legal heirs was directed.

Ratio Decidendi: A criminal proceeding does not abate after the death of an accused insofar as it concerns a compensation liability that is recoverable from the estate of the deceased, since such compensation may be enforced as if it were fine.

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