TaxTMI 
TaxTMI 
2021 (3) TMI 861
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....iling Criminal Miscellaneous Application No. 121/2021, which is an application to bring the legal heir of the applicant on record. 2. It appears that vide judgment and order dated 07.07.2014 passed by the learned JMFC in Case No. OA/33/2012/B, the deceased applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, for which, he was directed to undergo simple imprisonment for a period of one year and to pay compensation of Rs. 10,25,000/- to the complainant and in default to undergo simple imprisonment for a period of two months. The said order dated 07.07.2014 was thereafter challenged by the deceased applicant before the learned Sessions Court in Criminal Appeal No. 97/2014, which was ....
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....e Hon'ble Supreme Court in the case of Ramesan (D), Through LRs. Vs. State of Kerala, (2020) 3 SCC 45. He has also relied on the decision of Madras High Court in the case of M.L. Ravi Vs. The Chief Secretary & Others (W.P. No. 21701/2018 dated 23.01.2019); the decision of Gujarat High Court in Deceased Mafabhai Lalabhai Rabari Vs. State of Gujarat (Criminal Misc. Application No. 17987/2017 dated 24.08.2017); the decision of the Kerala High Court in Ambunhi Vs. State (Cri. Rev. Pet. No. 2310/2003 dated 26.02.2014). 5. It is submitted by Mr. Nilesh Shirodkar, the learned Counsel for respondent no. 1 that the criminal revision application along with the application for condonation of delay are bad in law and are liable to be dismissed a....
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....the death of the accused must be treated as appeals against sentence of fine and therefore, must not abate with regard to the sentence of fine in view of specific Section 394(2) of Cr.P.C. 9. The learned Counsel for the complainant/respondent no. 1 relied on Praban Kumar Mitra (supra). Para 6 of the said judgment reads as under: "In our opinion, in the absence of statutory provisions, in terms applying to an application in revision, as there are those in Section 431 in respect of criminal appeals, the High Court has the power to pass such orders as to it may seem fit and proper, in exercise of its revisional jurisdiction vested in it by Section 439 of the Code. Indeed, it is a discretionary power which has to be exercised in aid....
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.... in the absence of any such enactment, we may infer that the power of revision vested in the High Court under Chapter XXXII of the Code, was left untouched - to be exercised according to the exigencies of each case. The High Court is not bound to entertain an application in revision, or having entertained one, to order substitution in every case. It is not bound the other way, namely, to treat a pending application in revision as having abated by reason of the fact that there was a composite sentence of imprisonment and fine, as some of the single Judge decisions placed before us, would seem to indicate. The High Court has been left complete discretion to deal with a pending matter on the death of the petitioner in accordance with the requi....
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.... the death of the applicant/petitioner. It is discretionary power of the High Court to examine the correctness, legality or propriety of any finding, sentence or order passed by any inferior Court. On the death of the convicted person, the question of serving the whole or portion of his sentence of imprisonment does not arise, but the sentence of fine still remains to be examined. If the fact that the fine will have to be paid out of the estate of the deceased petitioner, in revision, the ground for giving the heir or legal representative a right to continue the Appeal or the privilege of maintaining or continuing the revision, in my considered opinion, no prejudice will be caused to the complainant, if the legal heir of the deceased applic....